Mixed-races team of male and female doctors applauding in hospital. International group of medics in medical masks. Protected workers. Multi ethnic physicians and nurses in uniforms in clinic ApplauseTo slow the spread of the COVID-19 pandemic, New York did something remarkable; it issued emergency regulations requiring public and private hospitals, nursing homes, home health agencies, and other "covered entities" to enforce a vaccine mandate for their employees, regardless of the employees' sincerely held religious beliefs.

The regulations, which apply to nearly all health care workers in New York, do not provide a religious exemption, unlike other recently-issued COVID-19 vaccine mandates. See, e.g., Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors and Guidance for Customers and Employees on Equitable Implementation of Key to NYC.

The absence of a religious exemption has led to several challenges on constitutional grounds, including one that resulted in the issuance of a preliminary injunction, and another that is pending before the U.S. Court of Appeals for the Second Circuit. See We the Patriots USA v. Hochul, Case No. 21-2179 (2d Cir.); Dr. A v. Hochul, Case No. 21-cv-1009 (DNH) (ML) (N.D.N.Y.).