OFCCP Week In Review: January 2022 #4 | DirectEmployers Association – JDSupra – JD Supra – DC Initiative on Racial Equity
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Friday, January 21, 2022: Biden Administration’s Vaccination Efforts Restricted to Just Mandate as to Healthcare Workers as Court Enjoins Executive Order Requiring Vaccination of Federal Employees

In the latest round of defeat for the Biden Administration’s efforts to vaccinate the American workforce, the U.S. District Court for the Southern District of Texas on Friday issued a nationwide injunction against President Biden’s Executive Order mandating all federal workers consent to vaccination or face termination. Feds for Medical Freedom, et al. v. Biden, et al., Case No. 3:21-cv-00356 (S.D. Tex. January 21, 2022). Sitting in Texas, unsurprisingly Judge Jeffrey V. Brown’s opinion relied extensively on the Fifth Circuit Court of Appeals’ ruling against the OSHA ETS in BST Holdings, LLC v. OSHA, 17 F.4th 604, 618 (5th Cir. 2021). The substantive effect of Judge Brown’s ruling means the federal government has fewer rights than a private employer to require vaccination of its employees.

The Backdrop: President Biden issued Executive Order 14043 (the “Executive Order”) requiring civilian employees of the federal government


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