On September 20, 2022, New York City Mayor Eric Adams announced that the current workplace COVID-19 vaccination requirement for private-sector employees will be lifted and become optional as of November 1, 2022. NYC-based employers are cautioned, however, as they must continue to enforce the private-sector workplace vaccination requirement until then.
After November 1, 2022, NYC-based private employers may continue to require vaccination for COVID-19 as a condition of employment, which are consistent with the mandate or their own vaccination policies, or to not require vaccination at all. For those NYC-based private employers that elect to continue to require COVID-19 vaccinations, as a condition of employment, they should review their vaccination policies and practices (incorporated into any current handbooks, policies and/or postings) to ensure that those policies and practices do not run afoul of any of the protections provided under Title VII, the ADA, NYSHRL or NYC Executive Law.
As FDT’s Employment and Labor attorneys Gregory Lisi, Frank Brennan and Lisa Casa continue to monitor the ever-evolving requirements imposed and will share NYC-based employers need to know to be prepared. Employers with questions regarding the recent changes to the vaccine mandate, their obligations under any of the statutes referenced above or any other employment compliance question can contact Gregory Lisi, Frank Brennan and Lisa Casa at 516-248-1700.