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Breaking News: Limited Three-State Preliminary Injunction of the Federal Contractor Vaccine Mandate Issued

A federal judge has preliminarily enjoined Executive Order (EO) 14042, which requires federal contractors to comply with COVID-19 workplace safety protocols. The preliminary injunction prevents the executive order from being enforced against federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. Noting that the court has been “asked to wrestle with important constitutional values,” United States District Judge Gregory F. Van Tatenhove of the Eastern District of Kentucky observed, in part, that presidential authority is not absolute and that President Biden exceeded his authority in issuing EO 14042.  The court noted specifically that federal agency requests to amend current contracts not “officially subject” to EO 14042 and its guidance indicates a threat of future harm to the plaintiffs, including potential blacklisting from future contracting opportunities if they refuse to comply.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 334
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About this Author

Leigh Nason, Federal Contractors, OFCCP, Ogletree Deakins, Shareholder, Attorney
Shareholder

Leigh Nason is a shareholder in the Columbia, South Carolina office of Ogletree, Deakins, Nash, Smoak and Stewart, P.C., and chairs the firm’s Affirmative Action/OFCCP Compliance Practice Group.  She currently devotes the majority of her practice to representing federal contractors and subcontractors in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

803-252-1300
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