Are employer vaccine mandates legal? 5th Circuit weighs in, sort of

As employers have continued to grapple with workplace challenges created by the COVID-19 pandemic, a significant number have implemented mandatory vaccination policies. United Airlines instituted a policy, and employees filed a legal challenge to keep it from going into effect until a court could determine its legality under Title VII of the Civil Rights Act of 1964. A federal district court denied the request to halt the policy while the lawsuit plays out, but the U.S. 5th Circuit Court of Appeals (which covers Mississippi employers) ordered the lower court to take another look. Did the 5th Circuit’s decision spell the end of the airline’s mandatory vaccination policy? Does the ruling have broader implications beyond vaccine mandates? Let’s take a closer look.

Facts

In response to the COVID-19 outbreak, United Airlines instituted a policy giving employees a choice: Get the vaccine or be terminated. For workers who requested a religious accommodation under Title VII, airline officials offered only one option: unpaid leave until the pandemic “meaningfully” receded, which they estimated to be about another 72 months.

Employees who were placed on unpaid leave after requesting a religious accommodation filed suit alleging United’s policy violated their rights under Title VII and asking the federal district court to keep the mandate from going into effect. The court denied the request to stop the policy from going into effect while the lawsuit proceeded, finding the employees wouldn’t suffer irreparable injury. They appealed.

Decision