Preview of things to come? Lawsuit challenges COVID-19 vaccine mandate

Access to COVID-19 vaccines continues to expand in the United States, and employers are navigating many questions about employee vaccinations and return to work. Current polling shows a substantial number of workers are hesitant about getting the shots or may refuse to be vaccinated against the virus. Now, a New Mexico employee has filed what appears to be one of the first lawsuits opposing an employer's vaccination mandate.

Facts

Isaac Legarreta works as a corrections officer at the Doña Ana County Detention Center in Las Cruces, New Mexico. According to the complaint he filed in federal district court, his employer issued a "mandatory COVID-19 vaccination directive" requiring him to receive the vaccine as a condition of ongoing employment. He refused to follow the directive and received a write-up letting him know he must comply.

On February 28, 2021, Legarreta filed suit seeking damages and asking the court to enjoin (or block) his employer from terminating him for refusing to get the shots.

Gist of fired employee's 3 claims

Legarreta's lawsuit raises both statutory and constitutional claims against several government officials associated with Doña Ana County.

"Unapproved" medical product. First, Legarreta claims the vaccine mandate communicated to him directly violates 21 U.S.C. § 360bbb-3, which governs the emergency authorization of "unapproved" medical products. "Unapproved" products include those that are authorized for emergency use but not yet approved through the standard approval process.