Another Blow to the Federal Contractor Vaccine Mandate

On January 12, 2023, the Sixth Circuit Court of Appeals joined the Fifth Circuit and other courts in upholding a preliminary injunction against the enforcement of the federal contractor COVID-19 vaccine mandate, stating that its scope was “stunning.” In a prior article, we discussed the Fifth Circuit decision blocking enforcement of the mandate against Indiana, Louisiana, and Mississippi. The Sixth Circuit’s decision, similar to the Fifth Circuit, is limited to contracts with the plaintiffs in the case—here, the states of Kentucky, Ohio and Tennessee. Unless appealed by the federal government, the case will be remanded to the federal district court in Kentucky for a decision on a permanent injunction. Nonetheless, the decision represents another hit to the federal government’s ability to mandate vaccinations. Guidance on the mandate advising agencies not to take steps to implement or enforce the vaccination mandate nationwide remains in place as of the date of this article.

If you have questions about these changes, or need assistance with your policies, please contact Tami Earnhart, Kayla Ernst, or any other attorney in our Workplace Solutions Group with whom you already work.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.