Ninth Circuit: Montana Vaccination Discrimination Law Not Preempted by Federal Law
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APPLIES TO All Employers with Employees in MT |
EFFECTIVE October 9, 2024 |
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Discussion:
In Montana Medical Association v. Knudsen, the Ninth Circuit Court of Appeal stated that Montana’s law prohibiting discrimination based on vaccination status (HB 702) is not preempted by federal law, including the Americans with Disabilities Act (ADA), the Occupational Health and Safety (OSH) Act, and Equal Protection clauses.
Here, the plaintiffs (i.e., a hospital system, two offices of private physicians, a medical association, several Montana residents with compromised immune systems who are allegedly “qualified individuals with a disability” under the ADA, and a union for Montana nurses) were concerned about unvaccinated health care workers infecting coworkers and patients, especially those who are immunocompromised, because HB 702 prevents employers from knowing health care employees’ vaccination status. The district court said that the ADA preempts HB 702 in health care settings because ADA compliance requires knowledge of health care workers’ vaccination status and discrimination based on employees’ lack of vaccination. It also said that HB 702 conflicted with the OSH Act’s general duty clause (i.e., duty to provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm” to employees). Finally, the court said that the Equal Protection Clauses preempt HB 702 by irrationally subjecting different types of health-related facilities to differing rules. As a result, the court implemented an injunction against enforcement of HB 702.
The Ninth Circuit said that the district court’s findings were too speculative. Specifically, there was no evidence that HB 702 creates a genuine conflict with the ADA in any specific case, much less that HB 702 is facially invalid in all health care settings. HB 702 is not an “obstacle to the objectives of the ADA.” Additionally, no OSHA standard governs the vaccinations with which HB 702 is concerned. Similarly, the district court’s findings were speculative as to a conflict with the OSH Act. Finally, the plaintiffs failed to show “that a class that is similarly situated has been treated disparately” for purposes of the Equal Protection clauses.
Ultimately, the court vacated the existing injunction against HB 702, meaning that HB 702 is now enforceable.
Action Items
- Review HB 702 and FAQs.
- Update vaccination policies, as applicable.
- Have appropriate personnel trained on the requirements.
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