Supreme Court Blocks Vaccine Mandate for Private Employers

Today, the U.S. Supreme Court issued an opinion based on oral arguments given on January 7, 2022, and in sum:

  • Vaccine or test mandate for private employers with 100+ is blocked
  • Healthcare vaccine mandate survives

Background

On July 7, 2022 the U.S. Supreme Court heard oral arguments to decide whether certain federal vaccine requirements can be enforced while legal appeals are in process.  The two federal requirements at issue were:

OSHA federal emergency temporary standard (ETS) for COVID-19

  • This ETS for employers with 100+ employees was stayed (delayed) nationwide by a federal appeals court but was then reinstated by another court.
  • Groups challenging the rule asked the Supreme Court to stay (delay) the reinstatement while they appeal the ruling.

Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID-19 vaccination of certain health care workers

  • This rule for healthcare workers had multiple federal court rulings which resulted in multiple stays (delays) in a number of states.
  • The Supreme Court considered whether the lower court rulings should remain in place (be effective) during the appeals process

The third federal vaccine requirement,  for companies with federal contracts, was not included in the arguments on January 7th.

The U.S. Supreme Court opinion can be found here.

GBS Compliance will provide additional resources after we have a chance to review the today’s decision in more detail. In the meantime, if you have not already, please sign up to attend next week’s webinar with Leavitt Group & Fisher Phillips “Vaccine Mandate Supreme Court Decision & What it Means for Private and Healthcare Employers”.


Wednesday, January 19th, 2022

12:00pm - 1:30pm (MST)

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