Recently, President Joe Biden came out and announced a vaccine mandate for all federal employees and contractors. Biden sounded very thin of patience and with this mandate. The option of simply getting tested is no longer there. Most importantly, it is either get vaccinated or you are fired. What does the executive order really say through the fine lines, who does this effect, and what should you do?
What does the executive order say?
The executive order does not clearly state that there is a vaccine requirement. Instead, it mandates a contract clause that states. “the contractor or subcontractor (at any tier) shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Task Force.” It is most likely that the Task Force will implement a vaccination requirement. The initial steps of this process must happen by October 8th, and the implementation of the new contract clause will begin October 15th.
Who does this affect?
This will affect contractors who have a procurement contract for services, construction, or a leasehold in real property, contracts under the Service Contract Act, a contract for concessions, even the ones usually excluded by the SCA, or a contract in connection with federal property or lands lending services for federal employees, dependents, or the general public. Specifically, the executive order will fall under the contracts that are under SCA control.
What should you do?
If you are a contractor for the federal government or an employee of a said contractor, you should take a look at your contract and how it may change. The contractors should make employees aware of the new rules because they will be under the executive order. Employers will need to think of how to mandate vaccinations and how to collect that information.
What is also important here is that many private companies are and will continue to follow suit. If you have questions about the legality of a mandate, please call Cramer Law at (312) 924-0219. If you have questions about the vaccine, talk to a healthcare provider you know and trust.
For an explanation of the mandate from the White House: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/09/09/executive-order-on-requiring-coronavirus-disease-2019-vaccination-for-federal-employees/
To look at our previous blog on vaccines, go to https://cramer-law.com/2021/09/01/are-vaccines-mandates-employment-discrimination/
