Vaccination or (possible) termination: NJ gov’s targeted mandate upheld

The New Jersey Appellate Division recently upheld Governor Phil Murphy’s Executive Order (EO) 283 requiring full vaccination for COVID-19 (without an option for testing) for covered workers in healthcare and high-risk congregate facilities.

Facts

On August 6, 2021, Governor Murphy issued EO 252 requiring covered healthcare facilities and high-risk congregate settings, such as correctional facilities, to establish COVID-19 vaccination policies. Under the directive, the entities would have to require covered workers to (1) show proof of full vaccination status or (2) submit to testing at a minimum of one to two times per week. The policy went into effect on September 7.

Amid the rise of the COVID-19 omicron variant, Governor Murphy redeclared a state of emergency on January 11, 2022. Shortly thereafter, he issued EO 283. Like its predecessor (EO 252), EO 283 covers employees in healthcare and high-risk congregate settings. The new order, however, eliminated the option for testing in lieu of vaccination.

Under EO 283, covered workers would have to be fully vaccinated by certain dates, barring a disability, medical, or religious accommodation. The order further requires the covered facilities to institute procedures to discipline noncompliant covered workers, which may include termination.