On Nov. 30, 2021, a Kentucky district court preliminarily enjoined the federal contractor COVID-19 vaccination mandate, but only for three states—Kentucky, Ohio and Tennessee.

On Dec. 7, a Georgia federal judge granted ABC’s motion to intervene and issued a nationwide preliminary injunction order against the mandate. Judge Baker’s decision made it clear that ABC’s participation in the case was essential to getting nationwide relief, which would otherwise have been limited to the states who sued. This was a big win for ABC, the only private business group that joined the states in suing over this mandate.

As a result of the current legal challenges, the Safer Federal Workforce Taskforce, which provides the guidance implementing the federal contractor vaccination mandate, provided an update on Dec. 9, indicating it would take no action to enforce the requirements of Executive Order 14042 pending the outcome of appeals.

On Dec. 17, the 11th Circuit kept in place the Georgia court’s nationwide injunction against the federal contractor vaccination mandate. The appeals court has set an oral argument for April, but, for now, the federal contractor mandate remains blocked.

 

Desired Outcome

The federal contractor vaccination mandate will magnify economic challenges facing the federal contracting community and the overall construction industry, such as a workforce shortage, rising materials prices and supply chain woes, and cause negative ripple effects throughout the overall American economy.

ABC is pleased a Georgia federal court granted a nationwide preliminary injunction order against the mandate. ABC’s participation in the case was essential to nationwide and construction industry relief, which would otherwise have been limited to the states that sued.

ABC continues to support vaccinations and encourages members to use its COVID-19 vaccination toolkit, resources and guidance for federal contractors to keep workers safe on construction jobsites.