Contractors collectively breathe sigh of relief.
A federal judge in Georgia issued today a nationwide preliminary injunction that prohibits the government from enforcing the vaccine mandate that applies to federal contractors. The court’s order covers all contractors and subcontractors in the United States and its territories, and will be in place until further notice.
This decision follows a similar preliminary injunction issued last week that blocked the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee. As a result of today’s ruling, all of the Biden Administration’s signature vaccine mandates that apply to private employers have been preliminarily enjoined nationwide. The only mandates still standing apply to employees of the federal government and members of the armed forces.
In today’s order, U.S. District Judge R. Stan Baker, a Trump appointee, found that the plaintiffs (various states, state agencies, and Associated Builders and Contractors) “will likely succeed in their claim that the President exceeded the authorization given to him by Congress through the Federal Property and Administrative Services Act when issuing Executive Order 14042.” Although recognizing that the government has laudable goals in mandating the COVID-19 vaccine for contractor employees, Judge Baker noted that the significant public interest in stopping the spread of the virus “does not permit the government to ‘act unlawfully even in pursuit of desirable ends.’”
Judge Baker’s ruling means that the January 4 deadline for covered contractor employees to receive their second vaccination dose (or single dose if receiving the Johnson & Johnson vaccine) is no longer in place. Contractors should continue to watch for new developments, but for now, they can hit the “pause” button on compliance efforts.
On November 6, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit stayed the Emergency Temporary Standard issued by the Occupational Safety and Health Administration, which would have required most private sector employers of 100 or more employees to mandate vaccination or require weekly COVID testing. A week later, the same panel refused to lift the stay. The Fifth Circuit stay, and numerous other challenges to the OSHA standard, have now been transferred to the U.S. Court of Appeals for the Sixth Circuit for a final decision. Meanwhile, the first compliance deadline of December 6 under the OSHA ETS has come and gone.
Last week, a federal judge in Missouri issued a preliminary injunction against the Centers for Medicare & Medicaid Services vaccine mandate, which applied to certain health care employers who receive Medicare and Medicaid funds. The Missouri injunction applied to employers in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming. The following day, a federal judge in Louisiana issued another preliminary injunction against the CMS rule that applied to the remainder of the 50 states.
Despite the Administration’s recent lost battles, the “vaccine mandate war” is not over. The same judges could ultimately uphold the mandates, or, if they don’t, their decisions could be reversed on appeal. We will continue to provide you with updates.
- Partner
Cara advises employers on ways to avoid litigation and has defended employers in cases involving virtually every aspect of the employment relationship, including discrimination, harassment, and retaliation claims and various ...
Our Affirmative Action Alert blog focuses on the latest news and topics affecting federal contractors and subcontractors and their compliance with affirmative action and other employment-related laws and regulations. With breaking news, quick updates, and headlines on the Office of Federal Contract Compliance Programs and affirmative action issues, this blog is a great resource for in-house counsel, HR managers, and other compliance professionals. Our blog is a companion to Constangy’s Affirmative Action newsletters, which address significant legislative, regulatory, and administrative proposals and changes. Subscribe to both to stay current on these important topics!
Subscribe
Archives
- June 2024
- May 2024
- March 2024
- February 2024
- January 2024
- October 2023
- September 2023
- August 2023
- May 2023
- April 2023
- March 2023
- January 2023
- November 2022
- October 2022
- September 2022
- August 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- July 2021
- June 2021
- April 2021
- March 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- July 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- December 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017