In what Jurist notes appears to be the first ruling in the US involving a request for an injunction against a private employer’s COVID-19 vaccine mandate, a federal judge ruled that a Cincinnati hospital had the authority to require employees to receive the COVID-19 vaccine.
The employees of St Elizabeth Hospital had to receive the COVID-19 vaccine by 1 October or submit a request for a medical or religious exemption. Failure to comply with the mandate could result in termination. Employees of St Elizabeth Healthcare requested the court to temporarily bar the hospital’s vaccine mandate. US District Judge David Bunning upheld the mandate because the employees failed to establish that the vaccine requirement violated their individual liberties, as the hospital operator has the right to set employment terms.
“If an employee believes his or her individual liberties are more important than legally permissible conditions on his or her employment, that employee can and should choose to exercise another individual liberty, no less significant – the right to seek other employment,” wrote Bunning.
Jurist article – Federal judge upholds hospital’s COVID-19 vaccine mandate (Open access)
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