This communication includes an update regarding a challenge to, and the temporary suspension of, the vaccine mandate for federal contractors under President Biden's Executive Order 14042. While the mandate applies to all covered federal contractors in the U.S., the injunction is limited to Kentucky, Ohio and Tennessee.
On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction halting enforcement of the federal government's mandate in Executive Order 14042 requiring all covered employees of federal contractors to be vaccinated against COVID-19. This temporary stay comes on the heels of an order recently issued by the U.S. Court of Appeals for the Fifth Circuit enjoining enforcement of a similar mandate, the Emergency Temporary Standards issued by the Occupational Safety and Health Administration, that would require mandatory vaccination or weekly testing in the alterative, for most employees of companies with 100 or more employees.
However, unlike the Fifth Circuit's nationwide stay, the Kentucky court's temporary stay is limited to federal contractors and sub-contractors on covered contracts only in the states of Kentucky, Ohio and Tennessee. In granting the preliminary injunction, the district court relied upon three grounds explained in this update, finding that the Biden administration had exceeded its authority in issuing Executive Order 14042.
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