How President Biden’s New COVID Mandate Affects Connecticut Employees

Sep 16 2021

On September 9, 2021, President Biden announced a new “COVID-19 Action Plan” that he says will help the country find a “path out of the pandemic.” The Plan has six elements, several of which will affect employers and employees, including here in Connecticut.

As has been widely reported, the hallmark of the plan is a requirement that all employers with 100+ employees mandate that their employees get vaccinated or submit to weekly testing; that all federal workers and federal contractors mandate that their employees get vaccinates; and that all healthcare workers for employers that receive funding through Medicare or Medicaid also get vaccinated. All told, the requirement to vaccinate eventually will extend to more than 100 million American workers, including hundreds of thousands of Connecticut employees.

The legal mechanisms for these requirements are complicated, but in a nutshell, the President has instructed various agencies within his Administration – including the Occupational Safety and Health Administration, the Department of Defense, and the Centers for Medicare & Medicaid Services – to issue rules and regulations spelling out the details of these mandates. Employers then will be responding to those rules and regulations as they are issued and as the inevitable lawsuits challenging those proclamations wind their way through the courts.

So what does this all mean for Connecticut employees? For workers who are employed by the government or by large companies, it means that vaccine mandates are likely coming – if they have not already arrived. Even smaller-scale employers are likely to see this White House mandate as a license -if not an implicit directive – to start mandating vaccines for their employees and as legal cover for doing so if that is what they want.

As we have explained, vaccine mandates are likely lawful, so long as employers allow exemptions for disabilities, religious beliefs, and pregnancy. Employers not only can mandate the vaccine; but they also can ask for proof of vaccination, which is not a violation of the Health Insurance Portability and Accountability Act (or HIPAA) or a prohibited disability-related inquiry under the Americans with Disabilities Act (or ADA). However, Connecticut employees have a legal right for their private medical information – including their vaccination status – to remain private and not to be used as the basis for any decisions about their employment.

Share this Post

covid-19 mask and legal gavel

About the Author

Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C.

Advocating for Employees
since 1977

Best Lawyers

Let Us Review Your Case

    We will respond to your message promptly. Although we will keep your message strictly confidential, please note that contacting us does not create an attorney-client relationship.

    Client Experiences

    You will never meet a more knowledgeable and compassionate professional than Steve Fitzgerald. My employment situation was very complex, and Attorney Fitzgerald kept me focused while remaining extremely adept and “thinking on his feet.” Should the need present itself again, I would never seek anyone else’s counsel regarding employment issues. I cannot recommend him highly enough. — J.R., New Haven, CT

    Nina Pirrotti provided outstanding legal advice and was trustworthy, dependable, and responsive. From the start, I was confident that her knowledge and experience would obtain favorable results. On a more personal note, I enjoyed working with her and her staff and felt I was included in every part of the process. The dedication, concern, and interest in me as a client was greatly appreciated, and Nina has earned my highest recommendation. — J.H., Monroe, CT

    Josh Goodbaum truly outperformed my expectations. He was calm and steadfast throughout the entire process. He is a great communicator. Together, we were able to lay out a plan that in the end, not only got myself the outcome I was hoping for, but undoubtedly saved me valuable time and money as well. I cannot thank Josh and his firm enough for coming through for me in this time of uncertainty and stress.  — D.T.

    When I go to a lawyer for advice, I am usually anxious, particularly the first meeting. Amanda DeMatteis was clear in describing my options and immediately set me at ease. Realistic assessment is important, and Amanda was clear as to how to set up the case and the direction she felt we should go. I had total confidence in her abilities and knew I was being well represented against a large corporation. More importantly, we were successful! — N.M., Haddam, CT

    Advocating for Employees since 1977

    American Law Institute Super Lawyers American College of Trial Lawyers Best Lawyers The College of Labor and Employment Lawyers
    Back to Top
    (203) 815-1716