New Mexico judge denies lab workers' claim in vaccine fight

ALBUQUERQUE, N.M. (AP) — A New Mexico judge on Friday denied a request by dozens of scientists and others at Los Alamos National Laboratory to block a vaccine mandate, meaning workers risk being fired if they don't comply with the lab's afternoon deadline.

The case comes as New Mexico extends a mask mandate for indoor spaces across the state, citing persistently high levels of community spread. Nearly 263,000 COVID-19 cases have been reported in the state since the pandemic began in 2020.

While the vaccination rate among adults in New Mexico continues to hover around 71.5%, the rate among lab employees and contractors is much higher. The lab said last week that more than 96% of workers had at least one shot, but it’s not known how many have since become fully vaccinated, how many have requested exemptions or how many could end up being fired for declining the shots.

The legal challenge was backed by 114 scientists, nuclear engineers, research technicians, designers, project managers and other workers at the lab. Some are specialists and have high security clearance for the work they do, which ranges from national defense to infrastructure improvements and COVID-19 research.

The workers claim the mandate is a violation of their constitutional rights and that lab management has created a hostile work environment.

Attorneys for the lab argued in court Thursday that being vaccinated was a condition of working at Los Alamos. Lab management had announced the vaccine requirement in August.

State District Judge Jason Lidyard agreed, saying unvaccinated employees will have to find work elsewhere.

The lab has declined to comment on the lawsuit and has not answered questions about the vaccination rate among employees or how many exemptions have been approved. For those who are...