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Legal Sidebari
Status of Federal COVID-19 Vaccination
Mandate Litigation
January 7, 2022
During 2021, various federal, state, and private entities instituted Coronavirus Disease 2019 (COVID-19)
vaccination requirements to address the pandemic, particularly as the Delta variant—a highly contagious
strain of SARS-CoV-2 (the virus that causes COVID-19)—spread in the United States. The federal
COVID-19 vaccination requirements issued to date by the President or executive agencies include those
directed at (1) federal executive agency civilian employees (federal employee mandate); (2) federal
contractors for executive departments, agencies, and offices (federal contractor mandate); (3) most
Medicare- and Medicaid-certified providers and suppliers (Centers for Medicare and Medicaid Services’
[CMS’] Medicare/Medicaid provider mandate); and (4) employers with 100 or more employees
(Occupational Safety and Health Administration’s [OSHA’s] large employer vaccination and testing
mandate). These employment- or workforce-based mandates—subject to accommodations required by
federal law—either directly require certain employees to receive COVID-19 vaccinations or direct certain
employers to impose a vaccination or vaccination-and-testing requirement on their employees or staff.
These federal vaccination mandates have generated numerous legal challenges that have moved quickly
through the courts. To date, some of these mandates have been enjoined by courts either on a nationwide
basis or only in certain states. Table 1 below provides a summary of the mandates and their statuses. (For
more detailed analysis of these mandates and related litigation, see CRS Report R46745, State and
Federal Authority to Mandate COVID-19 Vaccination, by Wen W. Shen.)
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Table 1. Summary of Federal Nonmilitary COVID-19 Vaccination Mandates
As of January 7, 2021
Covered
Federal
Statutory
Individuals/
Compliance
Mandate
Authority
Entities
Vaccination Requirement
Deadline(s)
Status
Federal
5 U.S.C.
Federal
Employees must be ful y
Receive a one-
In effect
Employee
§§ 3301,
executive
vaccinateda unless granted a
dose vaccine or
Mandate
3302, 7301
branch
legally required exception
two-dose
(Executive
employees
based on a disability/medical
vaccine series
Order 14,043)
condition or a sincerely held
by November 8,
religious belief.
2021.
Remote-working employees
Be ful y
are subject to requirement.
vaccinated by
November 22,
2021.
Federal
40 U.S.C.
Federal
Covered contractors must
As of January
Enjoined by
Contractor
§ 101 et seq.;
contractors/
ensure covered contractor-
18, 2022,
courts:
(Executive
3 U.S.C.
subcontractors
employees are ful y
covered
Kentucky v.
Order 14,042)
§ 301
that have a
vaccinated, except in
contractor-
Biden, No. 21-
covered
circumstances where an
employees must 6147), 2022 WL
contract with
employee is legally entitled to
be ful y
43178 (6th Cir.
executive
an exemption based on a
vaccinated on
Jan. 5, 2022)
departments
disability/medical condition or the first day of
(declining to
and agencies
a sincerely held religious
performance on
stay the district
belief.
a new contract
court’s
Remote-working covered
or the renewal,
preliminary
contractor-employees are
extension, or
injunction in
subject to requirement.
exercised
KY, OH, and
option of an
TN);
existing
contract.
Georgia v.
Biden, No. 1:21-
cv-00163 2021
WL 5779939
(S.D. Ga. Dec.
7, 2021)
(enjoined the
vaccination
requirement
nationwide).
Congressional Research Service
3
Covered
Federal
Statutory
Individuals/
Compliance
Mandate
Authority
Entities
Vaccination Requirement
Deadline(s)
Status
CMS’
42 U.S.C.
Specified
Covered providers and
By January 27,
Enjoined by
Medicare/
§§ 1302,
provider and
suppliers must ensure
2022,
courts in 25
Medicaid
1395hh, and
supplier types
covered staff who directly
(1) covered
states:
Provider
other
that participate
provide care or other
providers and
Missouri v.
Mandate
provider- or
in Medicare and
services for their facilities
suppliers must
Biden, No. 4:21-
(CMS IFR)
supplier-
Medicaid
and/or patients are ful y
establish and
cv-1329, 2021
specific
vaccinated, except in
begin to
WL 5564501
provisions
circumstances where a staff
implement the
(E.D. Mo. Nov.
member is legally entitled to
vaccination
29, 2021)
an exemption based on a
policies and
(enjoining the
disability/medical condition or (2) covered staff IFR in AK, AR,
a sincerely held religious
must receive
IA, KS, MO, NE,
belief.
first dose of a
NH, ND, SD,
Staff who work 100%
two-dose
and WY);
remotely from sites of patient vaccine or a
Louisiana v.
care or away from onsite staff one-dose
Becerra, No.
are not subject to the
vaccine.
21-30734, 2021
requirement.
Covered staff
WL 5913302, at
must complete
*2-3 (5th Cir.
two-dose
Dec. 15, 2021)
vaccine series
(enjoining the
by February 28,
IFR in AL, AZ,
2022.
GA, ID, IN, KY,
LA, MS, MT,
OH, OK, SC,
UT, and WV);
Texas v.
Becerra, No.
2:21-cv-229,
2021 WL
5964687 (N.D.
Tex. Dec. 15,
2021) (enjoining
the IFR in TX).
Supreme Court
to hear oral
argument on
the
government’s
application to
stay injunctions
on January 7,
2022.
Congressional Research Service
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Covered
Federal
Statutory
Individuals/
Compliance
Mandate
Authority
Entities
Vaccination Requirement
Deadline(s)
Status
OSHA’s
29 U.S.C.
In all
A covered employer must
Covered
In effect.
Large
§ 655(c)
jurisdictions,
establish and enforce a policy
employers must
(See In re MCP
Employer
private
that either (1) ensures
establish and
No. 165,
Vaccination
employers with
employees are ful y
begin to
Occupational
and Testing
100 or more
vaccinated, except in
implement the
Safety and
Mandate
employees.
circumstances where an
vaccination
Health Admin.,
(OSHA ETS)
In 26 states,
employee is legally entitled to
policies by
Interim Final
Puerto Rico,
an exemption based on a
January 10,
Rule: COVID-
and the U.S.
disability/medical condition or 2022.
19 Vaccination
Virgin Islands
sincerely held religious belief;
Covered
and Testing,
with OSHA-
or (2) requires employees to
employees must 2021 WL
approved state
be ful y vaccinated or provide
receive either a
5989357 (6th
plans, state and
proof of regular COVID-19
one-dose
Cir. Dec. 17,
local
testing and wear a face
vaccine or a
2021)
government
covering when indoors.
two-dose
(dissolving a
employers with
Employees who work
vaccine series,
prior stay of the
100 or more
remotely, at a site where
or begin regular
ETS by the U.S.
employees.
other people are not present, testing by
Court of
or exclusively outside are not
February 9,
Appeals of the
subject to the requirements.
2022.
Fifth Circuit))
Supreme Court
to hear oral
argument on
petitioners’
application to
stay the ETS on
January 7, 2022.
Source: CRS analysis of the relevant Executive Orders, CMS IFR, and OSHA ETS, as well as related litigation.
a. For purposes of the relevant Executive Orders, CMS IFR, and OSHA ETS, individuals are considered “ful y
vaccinated” for COVID-19 two weeks after they have received either a one-dose vaccine or a two-dose vaccine
series.
Author Information
Wen W. Shen
Legislative Attorney
Disclaimer
Congressional Research Service
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to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
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