Legal experts differ on if Biden's new vaccination strategy will be challenged
One Triangle-area legal expert who talked to WRAL believes the president can make this new, aggressive strategy happen while one employment law attorney told WRAL that Biden's announcement will get pushback.
Posted — Updated"We are going to protect vaccinated workers from their unvaccinated coworkers," said Biden.
Biden made it clear that he wants more people vaccinated and he's targeting the workplace. To accomplish this, Biden's leaning on the Occupational Safety and Health Administration (OSHA).
One Triangle-area legal expert who talked to WRAL believes the president can make this new, aggressive strategy happen.
"States have what's called police powers, not law enforcement, but the ability to regulate the health and safety of their citizens," said Daniel Meier with Meier Law Group. "That's why states can require mandates. The federal government does not have police powers like that."
That's where OSHA comes in as it creates a rule to require employers with more than 100 employees to require their staff be vaccinated or require unvaccinated employees present a negative COVID test weekly.
"Unless the federal government is going to fund it, for the first time we're starting to mandate employers give employees time off," Meier said.
But one employment law attorney told WRAL that she feels Biden's announcement will get pushback.
"I'm sure there will be a court challenge filed as a result of this particular executive order," said Katie Abernaethy with The Noble Law. "But we don't have any case law that gives us guidance on what courts are going to do."
Others argue the legitimacy of mandating this part of someone's life.
"If they endangered their own lives, by all means, but they are putting society in danger," said Bihman Dorafshar of Wake Forest.
Cisco Systems, which has a campus based at Research Triangle Park, said they were still combing through the details of the announcement.
“We are in the process of working through the details of today’s announcement," said a spokesperson. "In the U.S., Cisco's approach is that all critical onsite workers must follow the COVID-19 protocols including masking, distancing, and testing. In addition, these workers are required to be fully vaccinated or have an approved medical or religious accommodation. We will continue doing this while looking at the data and vaccination rates in various parts of the world and will reassess based off what we learn as the fall progresses.”
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