Following is the section of a recent CRS report on legal considerations regarding vaccine mandates focusing on the legal issues being raised in the challenges to the mandate for federal employees.
Executive Order 14,043 (Federal Employee EO), issued on September 9, 2021, instructs each executive agency to implement a program to require COVID-19 vaccination for all of its federal employees, subject to exceptions required by law, including those based on a disability or medical condition or a sincerely held religious belief. The Federal Employee EO directs the Safer Federal Workforce Task Force (Task Force) to issue guidance on this requirement’s implementation. The Federal Employee EO is based on the President’s statutory authority under 5 U.S.C. §§ 3301, 3302, and 7301. These provisions grant the President general authority to prescribe rules and/or regulations for executive branch employees.
Under the Task Force’s guidance, federal employees must be fully vaccinated or obtain an exception by November 22, 2021. Because employees will be considered fully vaccinated two weeks after they complete the requisite number of COVID-19 vaccine doses, federal employees must have received their last dose of their vaccine by no later than November 8, 2021. The vaccination requirements apply to employees who are under maximum telework or remote-work arrangements. Employees who refuse to be vaccinated or provide proof of vaccination, and have neither an exception nor an exception...
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