January 4, 2022 deadline for covered contractor employees to receive their vaccination is paused

On December 7, 2021, U.S. District Judge for the Southern District of Georgia, a Trump appointee, enjoined the government “during the pendency of this action or until further order of this Court, from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States of America.”

All of the Biden Administration’s vaccine mandates that apply to private employers are now preliminary enjoined nationwide. The judge cited that the plaintiffs “will likely succeed in their claim that the President exceeded the authorization given to him by Congress through the Federal Property and Administrative Services Act when issuing Executive Order 14042.”

This decision follows a similar preliminary injunction issued that blocked the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee.

This injunction does not prevent employers from continuing to implement vaccination policies unless otherwise precluded by state law. At this point, it is questionable whether the government can add the Federal Acquisition Regulation/Defense Federal Acquisition Regulation (FAR/DFAR) vaccine clause to new solicitations or through contract modifications.

It is likely that the Biden administration will continue to appeal these court decisions. We will continue to provide updates on this matter. Subscribe to this blog to remain updated.