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Legal Sidebari

Status of Federal COVID-19 Vaccination
Mandate Litigation
Updated February 7, 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); (4) employers with 100 or more employees
(Occupational Safety and Health Administration’s [OSHA’s] large employer vaccination and testing
mandate); and (5) staff of the Head Start program, which provides comprehensive early childhood
education and development services to low-income children (Head Start 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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https://crsreports.congress.gov
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Table 1. Summary of Federal Nonmilitary COVID-19 Vaccination Mandates
As of February 7, 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
Enjoined by court.b
Employee
§§ 3301,
branch employees
vaccinateda unless granted a
vaccine or two-
Mandate
3302, 7301
legally required exception
dose vaccine series
(Executive
based on a disability/medical
by November 8,
Order 14,043)
condition or a sincerely held 2021.
religious belief.
Be ful y vaccinated
Remote-working employees
by November 22,
are subject to requirement.
2021.
Federal
40 U.S.C.
Federal
Covered contractors must
As of January 18,
Enjoined by courts:
Contractor
§ 101 et seq.; contractors/
ensure covered contractor-
2022, covered
Kentucky v. Biden,
(Executive
3 U.S.C.
subcontractors
employees are ful y
contractor-
No. 21-6147), 2022
Order 14,042)
§ 301
that have a
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 entitled
the first day of
(declining to stay the
departments and
to an exemption based on a
performance on a
district court’s
agencies
disability/medical condition
new contract or the preliminary
or a sincerely held religious
renewal, extension,
injunction in KY,
belief.
or exercised option
OH, and TN);
Remote-working covered
of an existing
Georgia v. Biden,
contractor-employees are
contract.
No. 1:21-cv-00163
subject to requirement.
2021 WL 5779939
(S.D. Ga. Dec. 7,
2021) (enjoined the
vaccination
requirement
nationwide).

Congressional Research Service
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Covered
Federal
Statutory
Individuals/
Vaccination
Compliance
Mandate
Authority
Entities
Requirement
Deadline(s)
Status
CMS’s
42 U.S.C.
Specified provider
Covered providers and
Phase 1:
In effect.
Medicare/
§§ 1302,
and supplier types
suppliers must ensure
(1) covered

Medicaid
1395hh, and
that participate in
covered staff who directly
providers and
Provider
other
Medicare and
provide care or other
suppliers must

Mandate
provider- or
Medicaid
services for their facilities
establish and begin
(CMS IFR)
supplier-
and/or patients are ful y
to implement the
specific
vaccinated, except in
vaccination policies
provisions
circumstances where a staff
and (2) covered
member is legally entitled to
staff must receive
an exemption based on a
first dose of a two-
disability/medical condition
dose vaccine or a
or a sincerely held religious
one-dose vaccine.
belief.

January 27,
Staff who work 100%
2022 (in all
remotely from sites of
other
patient care or away from
jurisdictions
onsite staff are not subject
not listed in
to the requirement.
bul ets below)

February 14,
2022 (in AL,
AK, AZ, AR,
GA, ID, IN, IA,
KS, KY, LA,
MS, MO, MT,
NE, NH, ND,
OH, OK, SC,
SD, UT, WV,
WY)

February 22,
2022 (in TX)
Phase 2: Covered
staff must complete
two-dose vaccine
series by February
28, 2022.

February 28,
2022 (in all
other
jurisdictions
not listed in
bul ets below)

March 15,
2022 (in AL,
AK, AZ, AR,
GA, ID, IN, IA,
KS, KY, LA,
MS, MO, MT,
NE, NH, ND,
OH, OK, SC,
SD, UT, WV,
WY)

March 21,
2022 (in TX)

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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 employers
Stayed by the U.S.
Large
§ 655(c)
private employers
establish and enforce a
must establish and
Supreme Court.
Employer
with 100 or more
policy that either
begin to implement
(See Nat’l Fed. of
Vaccination
employees.
(1) ensures employees are
the vaccination
Indep. Bus. v. Dep’t
and Testing
In 26 states,
ful y vaccinated, except in
policies by January
of Labor, No.
Mandate
Puerto Rico, and
circumstances where an
10, 2022.
21A244, ---S. Ct.---,
(OSHA ETS)
the U.S. Virgin
employee is legally entitled
Covered employees 2022 WL 120952
Islands with
to an exemption based on a
must receive either
(Jan. 13, 2022))
OSHA-approved
disability/medical condition
a one-dose vaccine
state plans, state
or sincerely held religious
or a two-dose
and local
belief; or (2) requires
vaccine series, or
government
employees to be ful y
begin regular testing
employers with
vaccinated or provide proof
by February 9,
100 or more
of regular COVID-19 testing 2022.
employees.
and 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.
Head Start
42 U.S.C.
Head Start staff
Head start staff must be ful y Receive a one-dose
Enjoined by courts in
Mandate
§ 9836a(a)(1
vaccinated unless granted a
vaccine or two-
25 states:
)(C), (D), (E)
legally required exception
dose vaccine series
Texas v. Becerra,
based on a disability/medical
by January 31, 2022. No. 5:21-cv-300,
condition or a sincerely held
2021 WL 6198109
religious belief.c
(N.D. Tex. Dec. 31,
2021) (enjoining the
mandate in TX);
Louisiana v. Becerra,
No. 3:21-cv-4370,
2022 WL 16571
(W.D. La. Jan. 1,
2022) (enjoining the
mandate in AL, AK,
AZ AR, FL, GA, IN,
IA. KS, KY, LA, MI,
MO, MT, NE, ND,
OH, OK, SC, SD,
TN, UT, WV, WY)
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. The federal employee mandate was enjoined by court on January 21, 2022, after the compliance deadline. Thus, the
injunction suspends only enforcement of the mandate against employees who have not yet complied as of January 21,
2022.
c. The Head Start mandate also includes a masking requirement for individuals two years of age or older when indoors.

Congressional Research Service
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Author Information

Wen W. Shen

Legislative Attorney

Disclaimer
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