The United States District Court for the Southern District of Georgia issued a preliminary injunction on December 7, 2021, stopping the federal government from enforcing the federal contractor vaccine mandate, Executive Order 14042. Under the mandate, contractors with covered federal contracts are required to abide by the Safer Federal Workforce Taskforce Guidance, which mandates that all covered contractor employees be vaccinated by January 18, 2022. In the December 7, 2021, preliminary injunction, the court held that President Biden exceeded his powers under the Federal Property and Administrative Services Act by issuing Executive Order 14042. This preliminary injunction applies nationwide.
It is difficult to predict what will happen next. Most likely, the case ultimately will end up at the United States Supreme Court. In the meantime, the federal contractor vaccine mandate is on hold.
This preliminary injunction is the latest in a string of defeats for the government’s efforts to combat the pandemic through compulsory vaccinations or testing. Recently, another federal court enjoined OSHA’s emergency temporary standard requiring businesses with 100 or more employees to ensure their employees are vaccinated or tested weekly for COVID-19. That decision is pending appeal.
Vandeventer Black LLP’s attorneys will continue to monitor these developments and are available to assist you and your business with any questions.