Mandate Updates!
- informedchoiceiowa
- Jan 30, 2022
- 2 min read
Updated: Feb 2, 2022
OSHA Mandate: Supreme Court upheld the injunction until he case was decided on. The Biden Administration decided to withdraw its challenge to the lawsuits and pull its ETS. They will likely try to write a policy through the regular rule making process rather than through ETS.
CMS: Supreme Court removed the injunction that prevented enforcement, allowing for the mandate to take effect nationwide. The case now goes back to the lower court in the 6th District to be litigated. In accordance with Federal law exemptions must be accepted. “The rule requires providers to offer medical and religious exemptions, and does not cover staff who telework full-time. A facility's failure to comply may lead to monetary penalties, denial of payment for new admissions, and ultimately termination of participation in the Medicare programs.” https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf
Federal Workers: Federal Judge in Texas placed an injunction on the mandate, blocking its enforcement for over 2 million Federal workers. The Biden Administration already appealed the decision.
Headstart Mandate: In Louisiana vs. Becerra a Federal judge ordered an injunction be placed on the mandate for Federal Headstart employees to be vaccinated and all children over age 2 to wear masks. The injunction is limited to the 24 plaintiff states who filed suit.
DOD/Military: Civilian workers in the military branches have had their mandate halted due to the Federal Workers injunction but the mandate remains for the rest of the military and DOD employees, nearly 350,000 people. Most branches of the military have already passed the January deadline and hundreds of troops were discharged for failing to comply despite the Judge ordering a biweekly report on the number of exemptions approved and denied. Recently, the Marine corps began allowing some exemptions but only after several hundred marines were discharged and a majority of exemption requests were denied. Many have appealed and have joined a lawsuit with Liberty Counsel. Last month, the Navy seals won a lawsuit with a judge prohibiting any formal disciplinary action being taken for failing to comply. The National Guard has until June to comply with the mandate but it is still being challenged in court by the Governor of Texas after failing a challenge by Oklahoma’s governor. https://lc.org/newsroom/details/012122-amended-complaint-filed-in-military-and-federal-contractors-case-1?fbclid=IwAR2wP81hJ8QAfN2-ptRgz7b_FJosmj7RXROyrT6knWVHtecBy-v0BLF26Bw
Private mandates: continue to occur across the state while infringing on not only private health decisions but also through the verification process of justifying the religious beliefs of the individual applying. Businesses must comply with Federal law, Title vii of the civil rights act, by accommodating those individuals with religious and medical reasons, through the ADA, but many companies have taken it upon themselves to validate people's beliefs and/or medical reasoning by asking them invasive and probing questions. Many people have reported being treated differently with more requirements for wearing masks, staying segregated from vaccinated employees, being required to test, not getting the same PTO when sick, getting demoted or reduced hours because of their exemption or accommodation request. With the exemption or unemployment bill that passed last October, over 200 people have filed for unemployment due to their exemption being denied.
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