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Supreme Court Blocks Workplace Covid-19 Vaccination Mandate

January 20, 2022

The U.S. Supreme Court voted to block the Administration’s workplace mandate requiring larger businesses to ensure that workers are vaccinated against Covid-19 or wear masks and get tested weekly. However, the Court upheld a separate mandate requiring vaccinations for an estimated 20 million health care workers.

President Biden’s workplace mandate directed the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard (ETS) requiring all private businesses with more than 100 employees to mandate COVID-19 vaccinations or impose weekly testing, which would have gone into effect January 10th.

The SCOTUS decision does not affect, nor does it address, the federal contractor requirements under Executive Order 14042. However, the implementation of EO 14042 was halted by a Federal District Court in December 2021. The federal government appealed this decision, which is pending.