Vaccine Mandate for Employers with Federal Contracts put on Hold Nationwide
By Erik D. Cansler
A federal court has issued a nationwide injunction blocking the federal government from enforcing its upcoming vaccination requirements for employers awarded federal contracts. The mandate had been scheduled to go into effect on January 4, 2022. A Georgia-based federal judge, however, granted a request by several states and industry groups to pause its implementation while the issues are heard by courts.
Although the President "has typically been afforded deference when courts review executive orders issued pursuant to the Procurement Act," no previous cases have involved so much potential administrative burden and interference with the rights of employers and employees. For instance, under the mandate a prime contractor would have to ensure not only that its own employees satisfy the rules, but also that any subcontractors’ employees working on or in connection with a covered contract are in compliance.
"[E]ven in times of crisis this Court must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally granted authorities," wrote the judge. Although the order was issued under the powers granted to the President by the Procurement Act, decided the court, it is unclear whether the Act authorizes such measures going "far beyond addressing administrative and management issues in order to promote efficiency and economy in procurement and contracting, and instead, in application, works as a regulation of public health ...." A nationwide injunction is an unusual step, concluded the order, but necessary given the nationwide impact of the mandate.
The Takeaway
The decision to enjoin the enforcement of the federal contractor mandate leaves many employees and employers in a state of uncertainty as they try to navigate the changing legal landscape. The experienced employment lawyers at Campbell Litigation, P.C. are following developing events, and can help your business react changes that are happening on a daily basis. Call 303-536-1833 to find out how our team can help.