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

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.