Federal Contractor Vaccine Mandate Blocked Nationwide
A federal judge in the Southern District of Georgia today ruled that the Biden administration’s mandate, requiring COVID-19 vaccinations for employees of federal contractors, will be enjoined nationwide. The mandate, which would have impacted any company doing business with the federal government, was to go into effect on January 4, 2022. In Georgia v. Biden, multiple states joined the lawsuit as plaintiffs, as well as business trade associations.
In his ruling ordering a halt to the implementation of the vaccination requirement, U.S. District Court Judge R. Stan Baker acknowledged the tragic toll that COVID-19 has had on the nation, and the interest in combating its spread. However, the District Court stated that strong interest does not permit the government to, “act unlawfully even in pursuit of desirable ends.” Specifically, the District Court held that the plaintiffs are likely to succeed in their claim that President Biden exceeded the authorization given to him by Congress through the Federal Property and Administrative Services Act when he issued Executive Order 14042, authorizing the federal contractor mandate.
Judge Baker also held that plaintiffs met the standard of showing the irreparable injury that would be imposed on federal contractors through the administrative burdens and cost of complying with the mandate. The District Court further held that a stay of the mandate was in the public interest. The court stated:
“From economic uncertainty to workplace strife, the mere specter of [Executive Order 14042] has contributed to untold economic upheaval in recent months and the principles at stake when it comes to [Executive Order 14042] are not reducible to dollars and cents.”
The District Court’s ruling means during the pendency of the plaintiffs’ lawsuit against the Biden administration, the government is barred from enforcing the vaccination mandate against federal contractors on a nationwide basic. Similar White House mandates covering private-sector companies with 100 employees or more, or healthcare companies that are paid through Medicare and Medicaid, are also currently under court challenges and injunctions.
The employment attorneys at Phelps continue to monitor this ever-changing situation and how it affects employers. Please contact Mark Fijman or any member of Phelps’ Labor and Employment if you have questions or need compliance advice and guidance.
