Alert – Federal Contractor Vaccine Mandate Stayed Nationwide

Volume: 20 | Issue: 75
December 8, 2021

Yesterday, a federal court in Georgia issued a temporary, nationwide stay to President Biden’s Executive Order (No. 14042) mandating COVID-19 vaccination for employees of federal contractors and subcontractors.

You may remember that a court in Kentucky stayed the federal contractor vaccine mandate last week, but only for Kentucky, Ohio and Tennessee. The Georgia court yesterday issued a nationwide stay which applies in Nevada.

The nationwide stay was issued in a lawsuit pursued by several states (Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia) and the Associated Builders and Contractors, Inc. challenging the legality of the Executive Order. The Georgia court determined that these parties may be able to show that the Executive Order exceeds the President’s authority from Congress under the Federal Property and Administrative Services Act (the Procurement Act). Accordingly, the Court granted a preliminary injunction, staying enforcement of the Executive Order until it can consider and rule on the merits of the parties’ challenges.

We will continue to keep you updated on this matter. If you have questions about the federal contractor vaccine mandate, please contact a KZA attorney.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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