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Policies that favor those with immunity to a contagious disease are a novel concept and have not been used in recent United States history. It is important to think about the legal and policy issues associated with banning employees without immunity to Covid-19 from the workplace and the appropriate balance between an individual’s right to work and the public health of the nation. In doing so, it is useful to compare these policies to immunization laws, mandatory retirement laws and the Americans with Disabilities Act.


This work was originally published in New York Law Journal.


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