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On December 18, 2021, the U.S. Court of Appeals for the Sixth Circuit reinstated the Department of Labor’s Occupational Safety and Health Administration’s (OSHA) vaccine mandate and testing requirement for businesses with 100 or more employees. The Sixth Circuit Court of Appeals dissolved the stay issued by the Fifth Circuit Court of Appeals in November. In a 2 to 1 decision, the Sixth Circuit Court of Appeals determined that OSHA had the regulatory authority under the Occupational Safety and Health Act to issue and implement the vaccine mandate rule. The Sixth Circuit determined that vaccine rule was also constitutional.
Following the Sixth’s Circuit’s reinstatement, the U.S. Supreme Court agreed to hear legal challenges regarding the OSHA Vaccine Mandate for private employers and on the vaccine mandate for healthcare workers on Friday, January 7, 2022.
NAR will continue to provide updates on the vaccine mandate, and ongoing litigation.