Federal COVID-19 vaccine mandates: Where are we now?

Last fall, we were furiously drafting mandatory COVID-19 vaccine policies for a variety of employers, including healthcare facilities, employers with more than 100 employees, and federal contractors. With the back and forth of whether a court would block implementation of the Biden administration’s vaccine mandates, many of those policies were left in a state of limbo. Today we have updates on the status of those vaccine mandates.

Federal contractor vaccine mandate

On August 31, 2022, the Biden administration updated the Safer Federal Workforce Task Force Guidance, which previously required mandatory vaccination for all employees who work on or in connection with a federal contract.

This updated guidance comes after the U.S. 11th Circuit Court of Appeals ruled the nationwide injunction of the vaccine mandate for federal contractors was overly broad. Consequently, the federal government was briefly able to enforce the Biden administration’s vaccine mandate, and the injunction continued for the states that challenged it and their individual contractors.

The government, however, dispelled any panic for contractors not covered under the injunction after the 11th Circuit’s order by ensuring it wouldn’t enforce the vaccine requirement. Under the new guidance, the federal government will take no action to implement or enforce it. For employers who already added the mandatory vaccine requirement to their existing contracts, the government will also not seek to require continued compliance with the vaccination rules.