Updated Guidance Released
Following Friday’s Court Decision

The Safer Federal Workforce Task Force has updated its guidance following Friday’s decision by a federal court in Texas temporarily halting the federal government from enforcing the requirement that federal employees be vaccinated against COVID-19. The updated guidance confirms that agencies should pause enforcement of the vaccination requirement pending further action in the litigation. Here is the Task Force’s update:

To ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation, the Federal Government will take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Safer Federal Workforce Task Force guidance on other Federal agency safety protocols based on vaccination status—including guidance on protocols related to masking, distancing, travel, testing, and quarantine—remains in effect.

As a result, NTEU immediately began contacting all agencies where it represents employees to confirm that agencies are complying with this order and will be pausing any enforcement actions, including any pending disciplinary actions related to the vaccine mandate. Several agencies have already indicated that they have stopped enforcement as directed by the Task Force.

The Justice Department has appealed the federal court’s decision to the Fifth Circuit. NTEU will continue to update members on further developments and implications for federal employees.