Update On Vaccine Mandate For Federal Contractors

As you know, President Biden issued an Executive Order (No. 14042) in September requiring federal contractors and subcontractors to ensure their employees are vaccinated against COVID-19 and adopt other safety protocols. The Safer Federal Workforce Task Force has updated its Guidance for contractors and now states that the deadline for the workers of federal contractors and subcontractors to receive their final COVID-19 vaccination dose is January 18, 2022.

In recently updated FAQs for federal workers, the Task Force provides a lengthy explanation of steps a Federal agency may take if a federal employee refuses to be vaccinated. This includes allowing the employee a period of education and counseling followed by progressive discipline. The Task Force suggests that contractors and subcontractors could consider following the same model of enforcement for their workers. Federal contractors will want to carefully review the updated Guidance and FAQs and consult with counsel.

Finally, a federal court in Kentucky has temporarily stayed Executive Order 14042 in Kentucky, Ohio and Tennessee. The judge in this case ruled that President Biden exceeded his authority by issuing the Executive Order, giving rise to “several concerning statutory and constitutional implications.” However, because the judge rejected a nationwide stay, this order does not apply in Nevada.

We will keep you updated on this and any other challenges to the Executive Order. 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.