As previously reported, President Biden’s Federal Contractor Vaccine mandate is under a nationwide injunction and that does not look to be changing anytime soon.

In December 2021, the Administration filed their appeal of the preliminary injunction ruling to the 11th Circuit Court of Appeals and requested a stay of the injunction. On December 17, 2021, the 11th Circuit denied the motion to stay the preliminary injunction, stating that the government failed to establish that it would be irreparably injured absent a stay. On December 21, 2021, the Court pushed back the briefing schedule by roughly two weeks and set oral argument for the week of April 4, 2022. On December 22, 2021, the Parties filed an unopposed motion to expedite oral argument, scheduling it for no later than the end of February 2022. The 11th Circuit denied the Parties’  motion to expedite oral argument, claiming that the Court had already “expedited briefing and oral argument” (despite the fact that the Court had delayed the briefing schedule on December 21, 2021).  As a result, the current schedule is as follows:

  • January 18, 2022 – Deadline for Defendants to file initial brief
  • February 8, 2022 – Deadline for Plaintiffs to file answer
  • February 22, 2022 – Deadline for Defendants to file reply
  • April 4, 2022 – Oral argument

Today, January 21, 2022, Judge Jeffrey Brown from the Southern District of Texas granted a separate nationwide injunction of the federal employee Vaccine mandate Executive Order 14043 in the case of  Feds for Medical Freedom et al v. Biden, S.D. Tex., No. 3:21-cv-00356.  Judge Brown specifically ordered the government is “enjoined from implementing or enforcing Executive Order 14043 until this case is resolved on the merits.”

Stay tuned for any new developments.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.