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Federal Market Intelligence for Small Business |
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Two courts have upheld federal contractor vaccination ordersDozens more lawsuits are pending in federal courtsPresident Joe Biden’s executive order mandating COVID-19 vaccines for all federal contractors has been upheld--temporarily--by two courts to date. Many more cases are on dockets around the country. Republican attorney generals of 23 states have filed, or joined in filing, lawsuits against the federal contractor vaccine requirements. Some states also have pushed back by passing legislation that purports to authorize various exemptions to the federal mandate or to ban such mandates. Legal experts say the lawsuits are likely to face obstacles because the federal government generally has the right to set the terms of its contracts. Meanwhile, implementation is moving forward. The General Services Administration says that 95% of the approximately 12,000 federal contractors with GSA Multiple-Award Schedules contracts have accepted modifications to their contracts incorporating the vaccine mandates, according to Mark Lee, the Federal Acquisition Service’s assistant commissioner for policy and compliance. For other FAS contracts, compliance is at 91%, Lee said. He made his remarks at the Coalition for Government Procurement’s recent fall conference, according to Federal News Network. “Thank you for the tremendous response on the modification,” Lee told vendors participating in the online event. What’s in the vaccine mandate As previously reported, President Biden announced the vaccine mandate for federal workers and contractors in September, and the White House’s Safer Federal Workplace Task Force issued several guidelines in November. Vaccinations for all vendor employees are due by Jan. 18. There are limited exemptions that may be granted by employers. Lawsuits and court rulings There have been a number of lawsuits filed against the vaccine mandate by conservative-led state governments and others, some calling the orders “federal overreach” and others alleging it violates procurement laws or other laws. To date, two courts have denied requests to temporarily block the mandate:
There also are many separate lawsuits against the Labor Dept.’s vaccination rules for large private employers and the Health and Human Services Dept.’s vaccine orders for healthcare workers. And legislatures in North Dakota, Tennessee, Texas, Utah and Wyoming recently have approved new laws that purport to create additional exemptions to federal vaccine mandates or to ban vaccine mandates altogether, according to an analysis by attorneys Elizabeth A. Lalik, partner, and Lauren M. Bridenbaugh, associate, of the Littler law firm. Legal analysis The anti-mandate lawsuits are likely to face an uphill battle because there’s a long history of the federal government setting its own terms for its contractors, according to an analysis by Bloomberg Law. Marc Antonetti, employment partner with Baker & Hostetler LLP, told Bloomberg Law the government’s argument is strong. “If you want to do business with the United States, you have to comply with their rules,” he said.
More information:
Littler analysis: https://bit.ly/3le9tEx
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Washington Insider:
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