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Massachusetts corrections officers lose bid to stop vaccine mandate

November 2021 employment law letter
Authors: 
Maureen E. James, Skoler, Abbott & Presser, P.C.

What do 1905 and 2021 have in common? Believe it or not, vaccine mandates. Massachusetts is many things. A rich historical site. Birthplace of basketball, volleyball, and the chocolate chip cookie. Home to dozens of colleges and universities and proud and passionate sports fans. But it isn’t forgetful. So, when the Massachusetts Correction Officers Federated Union (MCOFU) recently sought a court order to prevent the enforcement of Governor Charlie Baker’s COVID-19 vaccine mandate, Judge Timothy Hillman of the U.S. District Court for the District of Massachusetts called upon history in his decision and, in doing so, reminded employers and employees around the Commonwealth that the idea of “the greater good” has legal teeth.

How it started

On August 19, 2021, Governor Baker issued Executive Order (EO) No. 595, which stated under Section 1, “It is the policy of the Commonwealth that all executive department employees shall be required to demonstrate that they have received COVID-19 vaccination and maintain full COVID-19 vaccination as a condition of continuing employment.” The mandate then outlined the implementation and documentation requirements and the provisions for exemptions, including for sincerely held religious beliefs and medical conditions.

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