Religious Exemption Preliminary Injunction

U.S District Judge David Hurd of the Northern District of New York issued an Order today, October 12, 2021 granting a preliminary injunction in the lawsuit Dr. A, et al., v. Kathy Hochul, et al., 21-CV-1009 (DNH)(ML).

Specifically, Judge Hurd’s preliminary injunction does the following: (1) prohibits the Department of Health (“DOH”) from enforcing any requirement that employers deny religious exemptions from COVID-19 vaccination or that they revoke exemptions employers already granted; (2) prohibits the DOH from interfering with the granting of religious exemptions from COVID-19 vaccination going forward; and (3) prohibits the DOH from taking any action, disciplinary or otherwise, against the licensure, certification, residency, admitting privileges or other professional status or qualification on account of an individual seeking or having obtained a religious exemption from mandatory COVID-19 vaccination.

It should be understood that while facilities must afford staff the opportunity to seek a religious exemption, facilities still may deny such a request, if they choose to do so, if either  (1) granting an exemption would impose an undue hardship on the facility but note that if certain workers who claim a medical exemption can be accommodated, then similar workers claiming a medical exemption should be accommodated as well; or (2) the facility has a legitimate bona fide basis to question the sincerity of the individual claiming the religious exemption.

Please note that the Judge’s Order recognizes that this may not be the final word on the issue as an appeal from the Order “may very well be appropriate.” Until and unless, however, this court or an appellate court vacates this order, it remains in effect.

NYSHFA will be sure to keep you updated as this litigation progresses.

NYSHFA/NYSCAL CONTACTS:

Jackie Pappalardi, RN, BSN
Executive Director
518-462-4800 x16

Lisa Volk, RN, B.P.S., LNHA
Director, Clinical & Quality Services
518-462-4800 x15

Stephen B. Hanse, Esq.
President & CEO
518-462-4800 x11