Court Invalidates Vaccine Mandate for Federal Contractors



​The 5th U.S. Circuit Court of Appeals recently ruled that the federal government cannot enforce a COVID-19 vaccine mandate on federal contractors. The court's Dec. 19 decision found that the Biden administration overstepped its authority with the vaccine mandate.

President Joe Biden issued an executive order on Sept. 9, 2021, stating that government contracts must include a clause specifying that federal contractors are required to ensure that all covered contractor employees are fully vaccinated for COVID-19, unless the person is legally entitled to an accommodation. Louisiana, Mississippi and Indiana challenged the mandate in court.

We gathered articles on the news from SHRM Online and other trusted news sources.

States' Rights

One of the states' key defenses was that the vaccine mandate infringes on states' rights to regulate health and safety matters within their borders. The states argued that the vaccine mandate would have set a precedent that goes beyond the contractor workplace and into the realm of public health. If permitted, the federal contractor mandate would apply to roughly one-quarter of the U.S. workforce and would affect private businesses, including Lockheed Martin Corp., Microsoft Corp., Google and General Motors Co.

(Bloomberg Law)

Enhancing Efficiency

The U.S. Justice Department defended the mandate in a court filing, saying Biden's order was justified under the Procurement Act. It argued that requiring contractors to have a vaccinated workforce enhances the efficiency of federal contractor operations by reducing absenteeism and decreasing labor costs.

(Reuters)

Earlier Court Decisions

On Oct. 3, the U.S. Supreme Court declined to hear a challenge by 10 states to the government's COVID-19 vaccine requirement for employees in health care facilities that receive federal funds.

In August, a decision from the 11th U.S. Circuit Court of Appeals narrowed the scope of a preliminary injunction that had barred enforcement of the federal contractor vaccine mandate nationwide. New guidance from the federal government clarified that federal agencies will no longer symptom-screen individuals, including contractor employees working onsite at an agency worksite.

(SHRM Online) and (SHRM Online)

Military Workforce

On Dec. 15, the U.S. Senate passed the National Defense Authorization Act, which includes a provision to end the Pentagon's policy requiring U.S. troops to receive the COVID-19 vaccine and firing those who refuse it. The U.S. House of Representatives passed the legislation in June. U.S. Defense Secretary Lloyd Austin and Biden oppose ending the vaccine mandate, citing concerns about troop readiness and health.

If enacted, the legislation would force the Pentagon to rescind the vaccine mandate within 30 days. The Pentagon wouldn't have to reinstate troops who refused the vaccine or give them back pay.

(Politico)

Troops Can Request Waiver

Twenty-one Republican governors asked the Biden administration to repeal the vaccine mandate, claiming it has hurt the military's recruiting efforts. Service members can request to opt out of a mandatory vaccination on health, administrative or religious grounds. As of Dec. 1, over 11,500 members of the Army, Army National Guard and Army Reserve had refused the COVID-19 vaccine, though 97 percent of the Army's active personnel received it.

(Axios)