persons who may gather in churches or synagogues, which are not designated as ‘essential
businesses’, for the purpose of combatting the increasing spread of COVID-19. The limits applied
to different areas of New York City that were designated by colors: red for the worst-hit areas,
orange for seriously hit areas, and yellow for areas that were starting to limit the spread of
COVID-19. The number of persons who were allowed to be present at the same time at a gathering
in a house of worship was limited to the lesser of 10 people or 25% of maximum capacity in a red
zone; 25 people or 33% of maximum capacity in an orange zone; and 50% of maximum capacity
Lockdown Measures Tested in Court, as Opposition to COVID Restrictions Grows
An appliance store chain is challenging recent COVID-19 lockdown measures in Toronto and Ontario’s Peel Region in the hopes of being able to operate despite the restrictions.
On Dec. 3, Canadian Appliance Source sought a court ruling to allow its stores to open, arguing that it stands to lose millions due to the closure. Justice Frederick Myers of the Ontario Superior Court postponed the hearing until Dec. 8.
“I have little understanding of the public interest assessment behind the COVID-19 regulatory regime. Everyone sees the apparent unfairness of small stores closing while big box stores remain open,” he wrote on Dec. 3, according to Blacklock’s Reporter.
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Source: AP Photo/Noah Berger
Earlier this week, a three-judge panel of the Ninth Circuit Court of Appeals ruled in favor of a California church fighting coronavirus restrictions on indoor worship services.
The appeals court struck down an October order from a district judge and awarded South Bay United Pentecostal Church relief against California’s indoor worship restrictions.
According to the Washington Free Beacon, the lawsuit argued that California Gov. Gavin Newsom, while condoning large outdoor protests and secular indoor gatherings, targeted religious services with coronavirus restrictions. The church also highlighted the fact that Newsom was caught dining at an expensive restaurant even though he told Californians to stay home because of the virus.
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As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination policies should be aware of the legal challenges arising from the enforcement of such policies and should implement best practices to minimize the risk of claims. But at the end of the day, this is a question of balancing the rights of co-workers to a safe workplace
and the employee’s legal rights to refuse to be vaccinated.
Employment lawsuits filed for refusal to comply with a mandatory vaccination policy typically arise as religious discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) or disability discrimination claims under the Americans with Disabilities Act (ADA), or their state law equivalents. This article will discuss religious discrimination and accommodati