Federal Employees and COVID-19 Vaccination Attestations: Immediate Takeaways [August 6, 2021] [open pdf - 733KB]
From the Document: "Executive Order 13991 [hyperlink] established the Safer Federal Workforce Task Force [hyperlink] (Task Force) to provide ongoing guidance to heads of executive agencies on government operation and employee safety during the Coronavirus Disease 2019 (COVID-19) pandemic. On July 29, 2021, the Task Force issued revised 'model safety principles' to executive agencies and departments. Among other safety principles, this guidance [hyperlink] instructs federal agencies to determine the vaccination status of federal employees and onsite contractors, and requires employees and onsite contractors to 'sign an attestation confirming their vaccination status.' Those who decline to provide an attestation must [hyperlink] wear a mask and be subject to testing and other safety measures. This effort to promote COVID-19 vaccination, similar [hyperlink] to some state and municipal employers' requirements, follows newly reported increases in COVID-19 cases and related [hyperlink] hospitalizations attributable to the spread of the contagious Delta variant of COVID-19. [...] This Sidebar begins by providing background on the Task Force and the vaccination attestation policy. It then describes the primary authorities federal agencies may employ to implement the policy and relevant constitutional considerations. Next, the Sidebar discusses key requirements under federal antidiscrimination laws that may inform the implementation of the guidance. Finally, the Sidebar briefly considers whether COVID-19 vaccines' current emergency use authorization (EUA) status affects the federal government's ability to impose requirements related to vaccination."
CRS Legal Sidebar, LSB10633
Congressional Research Service: https://crsreports.congress.gov/