Second Circuit sends vaccine mandate case back to lower court

The U.S. Court of Appeals for the Second Circuit (whose decisions cover New York) recently vacated and reversed a decision by the U.S. District Court for the Southern District of New York regarding a mandatory COVID-19 vaccination policy affecting New York City (NYC) public school teachers and administrators. The result can be confusing, especially given the Second Circuit’s refusal to stay (or suspend) other vaccine mandates in New York, including one affecting state workers. Confused? Read on to understand what the appellate court saw as problematic with the NYC policy.

Facts

On August 24, 2021, the NYC commissioner of health and mental hygiene issued a vaccine mandate for city department of education employees, which went into effect on September 27. In response to demands from the unions representing the educators, the two parties engaged in arbitration over the process to grant accommodations to the vaccine mandate.

The arbitrator issued two near-identical arbitration awards allowing for religious accommodations but with certain conditions: