Status of COVID-19 vaccination mandates still evolving: latest updates

The status of federally mandated vaccinations for COVID 19 seems to evolve almost daily. Recent U.S. Supreme Court and district court decisions continue to change the legal landscape. Here’s where we stand as of late January 2022.

Executive Order 14043 for federal employees: stayed

On January 20, the U.S. District Court for the Southern District of Texas (Galveston) placed a nationwide stay (or hold) on President Joe Biden’s Executive Order (EO) 14043, which required all federal employees to get COVID-19 vaccinations. An appeal to the New Orleans-based U.S. 5th Circuit Court of Appeals is likely.

OSHA vax mandate for larger employers: stayed

If you’ve been following the news at all, you know the U.S. Supreme Court on January 14 upheld a stay on the Occupational Safety and Health Administration’s (OSHA) implementation of its shot mandate for larger employers, but that isn’t the end of the matter. The Court didn’t resolve the case on its merits. Instead, it went back to the 6th Circuit for further review.

The 6th Circuit could still rule in OSHA’s favor. To uphold the stay, however, the Supreme Court had to find its proponents were likely to prevail on the merits, one of the tests for issuing an injunction. Moreover, the 6-3 decision increases the likelihood the Court won’t change its position after a final resolution by the 6th Circuit. More than 20 states have petitioned OSHA to rescind the policy, which would end the matter for employers.

EO 14042 for federal contractors: stayed