MA AG Healey: Employer Vaccination Mandates 'Absolutely Legal'

MASSACHUSETTS — Attorney General Maura Healey said she believes employer requirements that their Massachusetts workers get vaccinated for the coronavirus or face disciplinary action is "absolutely legal" as more and more private businesses and government agencies move toward employee mandates.

Speaking on WGBH-FM's "Ask the Attorney General" segment this week, Healey said requiring employee vaccinations is not only not in violation of the state constitution, but it is also "the right move."

"What it comes down to is making sure that as a state we're doing everything possible to get people vaccinated to prevent further risk of the virus," Healey said on Monday hours after the U.S. Food and Drug Administration granted full approval for the Pfizer coronavirus virus. "We've seen what's happened with delta. We've seen the increase in rates around the country. And I'm glad the governor took the step last week to require vaccines for state employees.

"It's the right move."

Gov. Charlie Baker said last week that 44,000 state employees will face a vaccination requirement this fall or risk termination. Unlike some municipalities, such as Boston and Salem, that have proposed a vaccine-or-test mandate where unvaccinated employees are subject to frequent coronavirus testing, Baker said he favors the strict vaccination-only requirement.

"I think it's important to have people get vaccinated," Baker said during a Friday news conference. "One of the reasons we chose to go with a vaccination (requirement) rather than a regular testing (option) was that there's been a lot written about the fact that when you have the regular testing option people don't get vaccinated."

Baker has received some pushback from state unions — such as the Massachusetts Correction Officers Federated Union — that said the executive order is a violation of their collective-bargaining agreement and right to make a choice based on their personal beliefs.

"In terms of legality, it's absolutely legal in my view," said Healey, who is among the state executive offices requiring vaccinations for her staff. "We've accommodated — and we will accommodate — anything related to an appropriate medical or religious accommodation. But this is about doing what we need to do.

"I think it's responsible. I think it's appropriate. And this we get us back to where we want to be."

Baker last week said reaching an overwhelming vaccination level "really is the only way out of this."

"People are tired of the pandemic. I completely get and understand that," he said. "It's been a really long, rough, tough period filled with all kinds of awful things.

"But one thing that's abundantly clear at this point is the way out of this — most fundamentally — is to get everybody vaccinated."

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(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.)

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