COVID-19

On January 13, 2022, the Supreme Court of the United States (“SCOTUS”) ruled against the Biden Administration’s vaccine mandate for private U.S. Companies leaving only one exception for health care workers. 

The Private Sector Vaccine Mandate was announced by the Biden Administration in November of 2021 and required U.S. companies with at least 100 employees to require their employees to be vaccinated against COVID-19 or be tested on a weekly basis starting January 4, 2022. The mandate was set to be enforced by the Occupational Safety and Health Administration (“OSHA”). 

The SCOTUS ruled that the Biden Administration cannot enforce a vaccine-or-test requirement for private entities. However, an exception was made for healthcare workers employed at federally funded healthcare facilities. The Court’s ruling allows for most health care workers to be vaccinated against COVID-19 or be tested on a weekly basis. As a result, OSHA will continue to enforce the vaccine mandate for the small population of unvaccinated health care workers. 

Despite the ruling, the traditional rules of exemption continue to apply. Click here to learn more about the religious and disability exemptions that apply. 

Today, more than 70 percent of Americans are vaccinated against COVID-19. President Biden and his administration continue to take active efforts to close the gap to ensure all Americans are vaccinated.

As a result, the Occupational Safety and Health Administration (“OSHA”) has issued a COVID-19 vaccine mandate for private U.S. companies with at least 100 employees along with supporting guidelines. The vaccine mandate will cover 84 million people employed in the private sector. 

Starting January 4, 2022, workers at U.S. companies with at least 100 employees will be required to be vaccinated against COVID-19 or be tested on a weekly basis. Workers must receive their second shot of Pfizer or Moderna’s two-dose vaccines or a single of Johnson & Johnson by January 4, 2022, or be subjected to weekly testing. 

While employers are not required to pay or provide testing for unvaccinated employees, they may be required to do so under local laws or collective bargaining agreements.

In addition, starting December 5, 2021, all qualifying employers are required to provide paid time for their employees to get vaccinated, and if needed, sick leave to recover from side effects experienced that preclude them from working. 

As of November 10, 2021, the OSHA guidelines preempt any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, masks, or testing. 

Who is exempt?

Employees who work remotely, perform their work exclusively outside, or go to a workplace where other people are not present will not be required to be vaccinated or meet the weekly testing requirements. 

However, the traditional religious and disability exemption apply. Click here to learn more about the religious and disability exemptions that apply. 

On September 13, 2021, the Safer Federal Workforce Task Force issued guidance pursuant to President Biden’s executive order on Ensuring Adequate Covid Safety Protocols for Federal Contractors.  

Which Federal Contractors are Subject to the Vaccine Mandate?  

The Vaccine Mandate applies to Federal contracts entered on or after October 15, 2021.  These contracts must have a provision agreeing to comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force. Furthermore, executive departments and agencies will be required to ensure that these contracts contain a provision that the contractor and any subcontractors (at any tier) shall incorporate these provisions into lower-tier subcontracts.

The Contractor I Work for is Not Subject to the Federal Mandate. What rules apply to me?

If the federal contractor you work for is not subject to the federal vaccine mandate, you are still subject to the current safety protocols. 

The contractor is required to ask if you are vaccinated, and you must attest to the truthfulness of your response. If you disclose that you are not fully vaccinated or decline to say, the contractor is required to treat you as not fully vaccinated for purposes of implementing safety measures. 

Onsite contractor employees who are not fully vaccinated or decline to provide information about their vaccination status must provide proof of a negative COVID-19 test from no later than the previous 3 days before entering a federal building. However, if a contractor is regularly tested as part of an agency testing program, they do not need to provide proof of a negative COVID-19 test. 

UPDATE: The Federal Vaccine Mandate has been repealed as of January 13, 2022. Read here to learn more.

On September 9, 2021, President Biden issued an executive order that all federal employees and contractors who do business with the federal government must be vaccinated.

The vaccine mandate comes at the heels of the rise in COVID-19 cases the US has seen in the second half of 2021. President Biden issued this order to increase the number of vaccinated individuals and in return slow the spread of COVID-19. 

Who is Required to Get the Vaccine?

All persons employed by the federal government are required to be vaccinated subject to exemptions for employees with accommodations for disabilities, religious belief, or pregnancy. This includes members of the armed forces. 

I Work for a Government Contractor, Do I Have to be Vaccinated?

Generally, yes. The vaccine mandate applies to any individuals working on or in connection with a Federal Government contract or contract-like instrument in any workplace location in which an individual is working in connection with a contract, as specified by the Safer Federal Workforce Task Force.

What if My Disability Prevents Me From Getting Vaccinated?

If your disability prevents you from getting vaccinated, you may seek an accommodation from your employer. Upon requesting an accommodation, you and your employer are required to engage in the interactive process. There, your employer is obligated to consider different options for you to be able to continue working. However, only accommodations that do not cause an undue hardship to the employer will be considered. Employers are not required to provide accommodations that cause a significant difficulty or expense to the employer.  

What if My Religion Prevents Me From Getting Vaccinated? 

Your employer must provide a reasonable accommodation unless it poses an undue hardship on the entity. Employers are to consider the same factors in providing a religious accommodation as they do for employees with disabilities.

Further, employers are required to assume your request for religious accommodation is based on a sincerely held belief. However, if your employer is aware of facts that provide an objective basis for questioning either the religious nature or the sincerity of a particular belief, practice or observance, your employer is justified in requesting additional supporting information.  

What if My Pregnancy Prevents Me From Getting Vaccinated? 

Employees who are not vaccinated due to pregnancy are entitled to the same accommodations as those with disabilities and religious accommodations for the duration of their pregnancy.