Enforcement of Covid-19 Vaccination Requirement for Federal Contractors Remains Enjoined

The Safer Federal Workforce Task Force’s January 18, 2022, deadline to comply with the clause implementing the requirements of Executive Order 14042 Covid-19 vaccine mandate will not be enforced by the government. Enforcement of Executive Order 14042 remains enjoined nationwide pursuant to Georgia, et al. v. Biden et al., Docket No. 1:21-cv-163 (U.S. Dist. Ct., S.D. GA, Dec. 7, 2021). 

The Safer Federal Workforce Task Force and Office of Management and Budget’s guidance to federal contractors, for the time being, is that the government will not seek to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the government.

The situation remains fluid as the government seeks to overturn the nationwide injunction and other rulings that have blocked enforcement of Executive Order 14042’s Covid-19 vaccination mandate for federal contractors.  

The nationwide injunction does not prohibit federal contractors from enforcing their own Covid-19 policies, so long as such policies do not violate other applicable federal laws and are not prohibited by applicable state or local laws. The injunction also does not directly prohibit separate client facility access requirements related to Covid-19 that federal contractor employees may be required to follow.

FH+H attorneys expect further developments related to Executive Order 14042 and the federal contractor vaccination requirement as litigation ensues in the coming months. 

FH+H’s Government Contracts practice group continues to analyze new developments regarding the federal contractor Covid-19 vaccination requirements, and our attorneys are available to discuss specific client questions.

Note: The information contained on this page does not constitute legal advice, and reading the information does not automatically start an attorney-client relationship. The details are meant to serve as general information, and are not comprehensive of all legal requirements or situations.

This article is an update to: Federal Contractors' Covid-19 Vaccination Requirements Updated to January 2022


About the Authors

Marlena Ewald is a Partner with FH+H who has a variety of experience counseling government contractors on corporate, transactional, and regulatory matters.

Adge Hudson is an of Counsel with FH+H whose practice focuses on matters unique to complex international defense transactions and the intelligence and security industries.

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