Good morning,

Here is the next installment of the “Big Three” questions we are hearing from you. As always, please continue to check our FAQs and the USDA Workplace Safety Plan, which are updated frequently, and reach out to futureofwork@usda.gov for any questions not already addressed.

Sincerely,

The Future of Work Taskforce

1. What does the recent preliminary nationwide injunction mean for me? 

On Friday, Jan. 21, 2022, a district court judge issued a preliminary nationwide injunction prohibiting implementation and enforcement of the vaccine requirements for federal employees in Executive Order 14043. The Department of Justice has appealed this decision. E.O. 14043 requires COVID-19 vaccination for covered federal employees, with exceptions only as required by law.

USDA’s Office of the General Counsel and the USDA Future of Work Taskforce are working closely with the Office of Management and Budget and DOJ to ensure compliance with the preliminary injunction, ensure we are aware of all related guidance and ensure we clearly communicate that guidance to you as quickly as possible through various channels as the situation evolves. 

For more information, visit: Frequently Asked Questions Related to Compliance with the Applicable Preliminary Nationwide Injunction on Implementation and Enforcement of the Vaccination Requirement Pursuant to Executive Order 14043.

2. What happens to any enforcement action(s) related to the COVID-19 vaccination mandate pursuant to E.O. 14043 during the preliminary injunction?

USDA is following the guidance in the Safer Federal Workforce Task Force FAQs, including regarding enforcement. Of note, USDA has temporarily suspended all disciplinary actions related to enforcement of the COVID-19 vaccination requirement pursuant to E.O. 14043. Agencies will inform all employees who are subject to proposed or active disciplinary action related to the vaccine mandate that disciplinary action is being paused so long as the nationwide preliminary injunction is in place. Unvaccinated employees are required to comply with all other COVID-19 safety protocols for unvaccinated employees consistent with the USDA COVID-19 Workplace Safety Plan.

3. What happens to any medical or religious requests for an exception to the COVID-19 vaccination mandate pursuant to E.O. 14043 during the preliminary injunction?

USDA is following the guidance in the Safer Federal Workforce Task Force FAQs, including on accommodations. USDA is pausing all adjudications of employees' medical or religious accommodation requests related to the vaccine mandate. Unvaccinated employees do not need an exception to the vaccine mandate so long as the nationwide preliminary injunction is in place.

Unvaccinated employees are required to comply with all other COVID-19 safety protocols for unvaccinated employees consistent with the USDA COVID-19 Workplace Safety Plan.

Read the fifth installment of the Big Three.