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Legal Sidebari

Status of Federal COVID-19 Vaccination
Mandate Litigation
Updated January 18, 2022
In 2021, various federal, state, an d 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’s] 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 18, 2022
Covered
Federal
Statutory
Individuals/
Vaccination
Compliance
Mandate
Authority
Entities
Requirement
Deadline(s)
Status
Federal
5 U.S.C.
Federal executive
Employees must be ful y
Receive a one-dose In effect
Employee
§§ 3301,
branch employees
vaccinateda unless granted vaccine or two-
Mandate
3302, 7301
a legally required
dose vaccine series
(Executive
exception based on a
by November 8,
Order 14,043)
disability/medical
2021.
condition or a sincerely
Be ful y vaccinated
held religious belief.
by November 22,
Remote-working
2021.
employees are subject to
requirement.
Federal
40 U.S.C.
Federal
Covered contractors
As of January 18,
Enjoined by courts:
Contractor
§ 101 et seq.; contractors/
must ensure covered
2022, covered
Kentucky v. Biden,
(Executive
3 U.S.C.
subcontractors
contractor-employees are contractor-
No. 21-6147), 2022
Order 14,042)
§ 301
that have a
ful y vaccinated, except in
employees must be
WL 43178 (6th Cir.
covered contract
circumstances where an
ful y vaccinated on
Jan. 5, 2022)
with executive
employee is legally
the first day of
(declining to stay the
departments and
entitled to an exemption
performance on a
district court’s
agencies
based on a
new contract or
preliminary
disability/medical
the renewal,
injunction in KY,
condition or a sincerely
extension, or
OH, and TN);
held religious belief.
exercised option of Georgia v. Biden,
Remote-working covered
an existing
No. 1:21-cv-00163
contractor-employees are contract.
2021 WL 5779939
subject to requirement.
(S.D. Ga. Dec. 7,
2021) (enjoined the
vaccination
requirement
nationwide).
CMS’s
42 U.S.C.
Specified provider
Covered providers and
By January 27,
In effect in all
Medicare/
§§ 1302,
and supplier types
suppliers must ensure
2022, (1) covered
jurisdictions except
Medicaid
1395hh, and
that participate in
covered staff who directly providers and
TX.
Provider
other
Medicare and
provide care or other
suppliers must
(Preliminary
Mandate
provider- or
Medicaid
services for their facilities
establish and begin
injunctions in 24
(CMS IFR)
supplier-
and/or patients are ful y
to implement the
states stayed by the
specific
vaccinated, except in
vaccination policies
U.S. Supreme Court
provisions
circumstances where a
and (2) covered
in Biden v. Missouri,
staff member is legally
staff must receive
No. 21A240, ---S.
entitled to an exemption
first dose of a two-
Ct.---, 2022 WL
based on a disability/
dose vaccine or a
120950 (Jan. 13,
medical condition or a
one-dose vaccine.
2022))b
sincerely held religious
Covered staff must
belief.
complete two-dose
Staff who work 100%
vaccine series by
remotely from sites of
February 28, 2022.
patient care or away from
onsite staff are not subject
to the requirement.

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Covered
Federal
Statutory
Individuals/
Vaccination
Compliance
Mandate
Authority
Entities
Requirement
Deadline(s)
Status
OSHA’s
29 U.S.C.
In all jurisdictions,
A covered employer must Covered
Stayed by the U.S.
Large
§ 655(c)
private employers
establish and enforce a
employers must
Supreme Court.
Employer
with 100 or more
policy that either
establish and begin
(See Nat’l Fed. of
Vaccination
employees.
(1) ensures employees
to implement the
Indep. Bus. v. Dep’t
and Testing
In 26 states,
are ful y vaccinated,
vaccination policies
of Labor, No.
Mandate
Puerto Rico, and
except in circumstances
by January 10,
21A244, ---S. Ct.---,
(OSHA ETS)
the U.S. Virgin
where an employee is
2022.
2022 WL 120952
Islands with
legally entitled to an
Covered
(Jan. 13, 2022))
OSHA-approved
exemption based on a
employees must
state plans, state
disability/medical
receive either a
and local
condition or sincerely
one-dose vaccine
government
held religious belief; or
or a two-dose
employers with
(2) requires employees to vaccine series, or
100 or more
be ful y vaccinated or
begin regular
employees.
provide proof of regular
testing by February
COVID-19 testing and

9, 2022.
wear a face covering
when indoors.
Employees who work
remotely, at a site where
other people are not
present, or exclusively
outside are not subject to
the requirements.
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.
b. As of January 18, 2022, the IFR remains enjoined in Texas, where a district court issued a separate preliminary
injunction that was not before the Supreme Court. The government’s motion to stay the preliminary injunction,
based on the Supreme Court’s order in Biden v. Missouri, is pending before the district court.

Author Information

Wen W. Shen

Legislative Attorney

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
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
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.

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