The 2nd Circuit concludes that NYC's vaccine mandate is not subject to a facial challenge but that an as applied challenge applies to teachers who seek a religious exemption. The Union complained about the vaccine mandate. The union and city failed to mediate the dispute and it went to arbitration. The arbitrator's award became the subject of this suit as was the mandate itself. The arbitration award concluded that a person could not obtain a religious exemption/accommodation if among other things the leader of the religion supported the vaccination requirement. The court concluded that religious exemptions need to be individual and that an accommodation based on another person's view of what the religion allows is improper for determining whether an accommodation should be extended. As always, I may have missed some of the finer points in this case, so take a look yourselves. I think it fair to opine that a health order requiring vaccination applied to a resident population may not include the need for religious accommodation, whereas an employer's mandate applied to employees will require one under Title VII. Could be wrong, so feel free to straighten me out. 21-2678-cv; 21-2711-cv<https://www.ca2.uscourts.gov/decisions/isysquery/c5d87a15-6b52-420e-a8b4-52e20f3c791c/2/doc/21-2678%2C%2021-2711_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/c5d87a15-6b52-420e-a8b4-52e20f3c791c/2/hilite/> Kane v. de Blasio; Keil v. City of New York 11-28-2021 OPN Charles W. Thompson, Jr. Executive Director/General Counsel P: (202) 466-5424 x7110 M: (240) 876-6790 D: (202) 742-1016 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2022 Mid-Year Seminar<https://imla.org/seminars/>, April 8-11, 2022 in Washington, D.C.! IMLA's 2022 Annual<https://imla.org/annual-conference/> Conference, October 19-23, 2022 in Portland, OR! Check out our On-Demand webinar library<https://netforum.avectra.com/eweb/shopping/shopping.aspx?site=imla&webcode=shopping&cart=0&shopsearchCat=Merchandise&productCat=Webinar> with 100+ webinars at your fingertips.