What injunction vs. federal contractor vaccine mandate means for TN, KY, OH employers

Recent developments surrounding the various federal COVID-19 vaccine mandate initiatives have created a very confusing situation for employers, especially in Tennessee, where they also must comply with brand-new and often contradictory state laws. Read on to learn how to navigate the challenging situation.

One court order for the nation, another for only 3 states

On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to halt enforcement of the vaccine mandate for federal contractors set forth in Executive Order (EO) 14042. On the previous day, a Louisiana district court blocked a similar shot mandate for healthcare providers issued by the Centers for Medicare and Medicaid Services (CMS).

Unlike the Louisiana district court’s ruling, which applied nationwide, the Kentucky decision covered federal contractors only in Kentucky, Ohio, and Tennessee. In issuing the three-state injunction, the court indicated the question presented was narrow: “Can the president use congressionally delegated authority to manage the federal procurement of goods and services to impose vaccines on the employees of federal contractors and subcontractors?” The court concluded: “In all likelihood, the answer to the question is no.”