Steve Marshall, Alabama 's attorney general, announced on Twitter Monday that he filed a lawsuit to block a key part of President Biden 's COVID-19 . Use the 'Report' link on And decisions from a federal civil service board can be appealed in court, allowing workers to seek backpay and reinstatement if they have been fired, Winik said. The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. Carson Light sued KCCI . Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. In February, the Virginia-based 4th Circuit ruled in a separate case that challenges to the vaccine mandate for federal employees must go through the administrative process before they reach court. Federal employees who have not received a dose of a COVID-19 vaccine and are not awaiting a decision on a requested exemption from the White House mandate will not face the loss of their jobs . For Payne: Gene Hamilton and Reed Rubinstein of America First Legal, For the government: Daniel Winik of the U.S. Department of Justice, DOJ urges appeals court to uphold federal employee vaccine mandate, U.S. judge blocks Biden federal employee COVID vaccine mandate. The panel included Circuit Judge Robert Wilkins, an appointee of Democratic former President Barack Obama. He advanced the unproven claim that the vaccines are "dangerous," and asked rhetorically if the president is also allowed to mandate "other medical procedures" like sterilizationor lobotomies. Politics Dec 7, 2021 6:10 PM EST. General Brnovich filed the first lawsuit in the country challenging the requirements for federal employees and contractors. Was the policy reasonable given the circumstances? Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. (AP Photo/Ted S. Warren, File). A senior administration official told Fox News on Monday that 95% of the federal workforce is in compliance with the vaccine requirement. "Again, the right to be secure in ones person generally concerns the right to be free from warrantless searches, not bodily autonomy.". Compliance rates with workplace vaccine mandates have been overwhelming, with a very small minority of workers resisting their employers shot requirements, said Robert Field, a professor of law and public health at Drexel University. Dockendorff notes that the Ontario Human Rights Commission (OHRC) took a position on this back in September, stating that while the Ontario Human Rights Code prohibits discrimination based on creed, "personal preferences or singular beliefs do not amount to a creed for the purposes of the Code.". As reports of alleged Chinese interference in the last two federal elections stack up, MPs on the House of Commons committee examining foreign election interference will soon be hearing from some of Canada's highest-ranking intelligence officials. Colorado Politics is published both in print and online. But companies still must give reasonable accommodations to workers with health-related reasons under the Americans with Disabilities Act and religious objections under Title VII of the 1964 Civil Rights Act. Be Truthful. that is degrading to another person. There are, however, "still hundreds of thousands of employees" who fall within that remaining 5% "who haven't been vaccinated across the country.". Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? National Law Review, Volume XII, Number 262, Public Services, Infrastructure, Transportation, Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. Patricia Anderson Pryoris aShareholderin the Cincinnati, Ohio office of Jackson Lewis P.C. Bill Gale, an employment lawyer and partner at the Toronto firm Grosman Gale Fletcher Hopkins LLP, says when it comes to ensuring the health and safety of employees, he believes a lot of employers are nervous about the potential for lawsuits. Private employers authority to mandate vaccination has survived legal challenge. Tags: News, Coronavirus, Vaccination, Biden Administration, Mandate, Original Location: New coalition of federal employees sues Biden over vaccine mandate, President of the United States since 2021, New coalition of federal employees sues Biden over vaccine mandate, Chicago Mayor Lightfoot ousted; Vallas, Johnson in runoff, King asks Duke and Duchess of Sussex to move out of Frogmore so Prince Andrew can move in, Biden Mocks Marjorie Taylor Greene With 1 Simple Hand Gesture, A Nebraska high-school cheerleader competed on her own after the rest of her squad quit. Companies with workplace Covid-19 vaccination mandates have largely fended off legal challenges to their handling of employees requests for religious and health-related exemptions. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Be Proactive. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. 23 plaintiffs working for the U.S. government are suing to block the national vaccine mandates in a locally filed federal lawsuit. Specific to vaccines, an employee could claim a medical exemption if a doctor confirms the person would have an adverse reaction to a vaccine. Federal workers get reprieve from vaccine mandate penalties until 2022. Customer Reviews: Five-Star Enforcement and the Expanding Regulations. "Communicable diseases are considered disabilities. Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. Workers generally must have the EEOC or a similar state-level agency process discrimination charges before they can sue in court. Enforcement of President Biden's mandate that all federal employees receive the COVID-19 vaccine is once again delayed after an appeals court on Monday agreed to rehear the case, at least . Editor's note: This article has been updated with comments from Brass. Arizona Attorney General Mark Brnovich is suing President Biden and other federal officials over their unconstitutional COVID-19 vaccine mandates. A U.S. appeals court panel seemed divided on Wednesday over whether a civilian Navy employee can challenge President Joe Biden's COVID-19 vaccine mandate for federal workers in court or must first . A judge has dismissed a lawsuit from a federal employee that challenged the constitutionality of President Joe Biden's executive order mandating vaccination against COVID-19 for federal workers. In those cases, Samfiru says an employee can wait to get called back to work. President Biden cannot require all Americans to get vaccinated; in the United States, vaccinations are the province of the states. The case is pending after the court heard arguments in September. About four in 10 companies have some variety of shot requirement, according to a recent survey report from management-side firm Littler Mendelson PC. The industry leader for online information for tax, accounting and finance professionals. The panel held in April that the Civil Service Reform Act required that the challenge first go through the MSPB process, and not directly into federal court. Market data provided by Factset. There was a problem saving your notification. Charles Scarborough of the U.S. Department of Justice said the mandate was within President Joe Biden's authority "as CEO of the federal workforce,"and asked the full 5th U.S. A federal judge in Cincinnati sharply criticized attorneys seeking to block COVID-19 vaccine mandates at five local hospital systems, saying they made false claims and espoused "unsupported . A federal judge in Texas on Saturday . 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But on the issue of severance, he said judges have tended to be fairly protective of "the little guy.". "The dictatorial Executive Order issued by president Biden was not authorized.". The slice of those cases with genuine medical or religious claims is extraordinarily small.. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. government says it will be the first province in Canada to make prescription contraceptives free for all residents. Nevertheless, litigation is taking its toll and many claims remain pending. In April, separate appellate courts based in Richmond and New Orleans issued decisions determining that challenges to Executive Order 14043 must follow the procedure in theCivil Service Reform Act. Ultimately, the question of whether an employee's refusal to get vaccinated counts as insubordination is what the courts may decide. CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER. The Fifth Circuit appeals court in scheduling oral arguments in the case further gave the opposing parties until July 27 to file additional legal briefs in a dispute that already has gone through that process several times. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. How do Canadian provinces and territories compare to American states? MSBP Clarifies What Constitutes Retaliation against Whistleblower, Outside Employment / Activities Lead Topics for Federal Employees Seeking Ethics Guidance, Mutual Fund Window Open, but Not Much Going Through, Court Action Likely Means Continued Suspension of Vaccine Mandate for Months, Who Gets the FERS Special Retirement Supplement, Nine Hours on Hold: Pressure Builds on TSP to Improve Customer Service, TSP Life Expectancy Payments Drop for Some, FERS Retirement Planning Bundle: 2022 FERS Guide & TSP Handbook, How Your FERS, Social Security and TSP Payments Get Taxed The case is Feds for Medical Freedom v. Biden, 5th U.S. A three-judge panel of the U.S. Court of Appeals for the D.C. This comes after opposition MPs joined forces in November to pass a motion calling for an audit into the federal government's border app. Proposed Nursing Home Disclosure Requirements Target Private Equity Regulation in the Post-FTX Environment: SECs Proposed Enhanced Can a Child Decide Whom They Want to Live With in Michigan? That injunction remained in effect, though, while the full appeals court decided whether to take up the case en bancand will continue to remain in effect now that the court has said it will. The action you just performed triggered the security solution. Does the Supreme Court have the stomach to tackle the super fun SECs Pay vs. June 7, 2021, 2:16 AM. The content and links on www.NatLawReview.comare intended for general information purposes only. Given the circumstances of the last two years with the pandemic, Gale says he believes judges will be more likely to find these mandates to be reasonable. Supreme Court turns away challenge to U.S. vaccine rule for health workers, U.S. says federal employees must be vaccinated by Nov. 22. The information reflects current discrimination legislation, applicable judicial decisions, and guidance issued by government agencies. Lior Samfiru, a national co-managing partner at Samfiru Tumarkin LLP, told CTVNews.ca that his firm has received thousands of questions in recent months about vaccine mandates. The full court had put the mandate back on hold while it considers the case. Judge tosses federal employee's lawsuit against Biden for COVID-19 vaccine mandate. Although Brass tried to frame his lawsuit as one affecting the constitutional rights of all American citizens, the"vaccine mandate only applies to him because he is a federal employee," Hegarty noted. A federal appeals court should reverse the conviction of Ghislaine Maxwell or grant a new trial on charges that she joined and enabled the sexual abuse that Jeffrey Epstein committed on scores of teenagers and young women for more than a decade, her lawyers argued in court papers Tuesday. Share. This photo shows a vial of the Pfizer vaccine for COVID-19 in Seattle. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Samfiru says most employment matters do settle, often within a few weeks or months, although some vaccine mandate-related cases could head to court by this summer or fall at the earliest. ), U.S. judge blocks Biden federal employee COVID vaccine mandate, U.S. court reinstates Biden federal employee COVID vaccine mandate. A federal judge on Tuesday blocked President Joe Biden's administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors . Animal Rescue in Longueuil is calling the actions of a Longueuil police (SPAL) officer "outrageous" after the officer was filmed shooting a deer multiple times while it was on the ground. The decision is one of several unsuccessful attempts to date in Colorado at voiding COVID-19 vaccination mandates from different levels of government, with cases brought by university employees, municipal contractors and military personnel being dismissed outright or proceeding in limited form. In one of those cases, a federal appeals court gave United Airlines Inc. workers a second chance to win an injunction. (Reuters) - The Biden administration on Tuesday urged a federal appeals court to allow its mandate requiring federal employees be vaccinated against COVID-19 to take effect. Was the employee advised of the consequences for failing to comply? New Starbucks line a curiosity in Italy, Ancient restaurant highlights Iraq's archeology renaissance, Hate your signature? If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. See here for a complete list of exchanges and delays. REUTERS/Lindsey Wasson. Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. But on religious or personal beliefs, the question becomes a bit more complicated. Want the real scoop? posted on February 27, 2023, Understanding the Federal Employees Group Life Insurance Program Cloudflare Ray ID: 7a140925dd448c7d 3 min read. Tyson Foods Inc., Bristol Myers Squibb Co., Hawaiian Airlines, and the Washington Nationals Baseball Club LLC are among the companies hit with lawsuits, according to a Bloomberg Law review of federal court dockets. In that process, the arguments of the partiesthe Justice Department in favor of the mandate and the Feds for Medical Freedom group and certain other plaintiffs on the other sidehave been largely the same each time. Your IP: Utah has taken part in three lawsuits contesting different federal vaccination mandates, including those for federal contractors, businesses with over 100 employees, and health care workers. Yet those workers victories proved fleeting, as courts later denied their bids for preliminary injunctions that would have kept their employers policies on ice throughout litigation. But the airline has since changed its accommodation policy and contends that the case is moot. The federal suit, filed against Sheriff Clarence Birkhead on April 14, claimed Neve was fired because he didn't comply with the sheriff's vaccine mandate for department staffers. Be Nice. A unionized employee would not be allowed to bring a wrongful dismissal claim in civil court and, instead, would have to bring a grievance through his or her union, as it relates to the collective agreement with their employer. Chart and compare the curves using our interactive graphs, Sign up to receive the most important updates in your inbox two times a week. As a result, he has been promised that he will lose his job, according to the lawsuit. Red Bull driver Max Verstappen was so far ahead last season that catching the Formula One champion may feel like scaling a mountain. You can email the site owner to let them know you were blocked. "So I think that part of it, there will be a lot of sympathy for a lot of employees who've lost their jobs," he said. Use of this Website assumes acceptance of Terms & Conditions and Privacy Policy, Stay up to date on the latest, breaking news, This undated electron microscope image made available by the U.S. National Institutes of Health in February 2020 shows the Novel Coronavirus SARS-CoV-2, orange, emerging from the surface of cells, green, cultured in the lab. The lawsuit was filed by the Law Office of Jason H. Coffman and Barnes Law on behalf of a former a . If an employee is let go without proper, or any, severance, that person is generally considered to have been wrongfully dismissed, regardless of the reason, Samfiru says. . . The decision came as part of a lawsuit by a group called Feds for Medical Freedom, which says it has about 6,000 members throughout the civil service, and . The U.S. Supreme Court in mid-January blocked a separate Biden administration vaccination-or-testing mandate for employees of large businesses, and two federal appeals courts have blocked a mandate for federal contractors. The Department of Justice asked the 6th Circuit on Tuesday to lift the existing stay and reinstate the vaccine mandate for businesses with more than 100 employees. Already, some rulings have been issued related to vaccine policies. All rights reserved. Andrew Tate has sought to fight rape and trafficking allegations while in police custody, directing associates to recruit two right-wing lawmakers to his cause, according to wiretaps of his phone calls submitted to a court by Romanian prosecutors. The case is Payne v. Biden, U.S. Court of Appeals for the D.C. Health Canada has issued a recall notice for a children's car seat for lacking a required safety certification and potentially increasing the risk of injury from a car crash. Many employers, Samfiru says, have taken the position that an employee's refusal to get vaccinated is cause. All rights reserved. ', Death toll keeps rising in Greece's deadliest train crash, DNA evidence used to track down man in New Jersey woman's 1980 Solano County murder, The Biden administration's recent ultimatum to chipmakers is the first step for a grander plan designed to give more workers affordable childcare, Walpole senior singing group in search of piano player. FAUCI VAGUE ON CHANGING DEFINITION OF FULLY VACCINATED: WE MIGHT MODIFY. The issue of compensation would be felt more strongly by small-business owners, who may already be struggling financially and could be liable to pay up to two year's worth of severance per employee. Brendan Pierson reports on product liability litigation and on all areas of health care law. The New York City Council Sets its Sights on Non-Profit Housing DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Time Is Money: A Quick Wage-Hour Tip on the Tip Credit, EDPB issues its Opinion on the EU-U.S. Data Privacy Framework, Hunton Andrews Kurths Privacy and Cybersecurity. The decision to pause the requirements ordered by the U.S. Department of Labor and the Occupational Safety and Health was handed down by the Fifth Circuit . "I'm not aware of a religion that prohibits this type of vaccination as part of its religious dogma, if you will," Gale said. A Michigan State University employee and two former staffers argued they should have been exempt from a vaccine mandate because of natural immunity. Florida sues feds over vaccine mandate. Those statistics track with Equal Employment Opportunity Commission charge data. A former 'Dances With Wolves' actor pleaded not guilty Wednesday to state charges that he sexually abused Indigenous women and girls for a decade in Nevada. Don't Threaten. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. Second, Brass' claim was actually a dispute over the conditions of his employment, not a FourthAmendment controversy. the federal lawsuit they filed against the . Try plastic surgery for autographs, 'A little scary': Iditarod Trail Sled Dog Race begins with smallest field ever, Kobe Bryant family settles photo lawsuit for US$28.5 million, Leafs re-acquire Luke Schenn, deal Rasmus Sandin and Pierre Engvall, Mexican president says Tesla to build plant in Mexico, Nissan recalls over 800K SUVs; key defect can cut off engine, Max Verstappen again the man to beat in F1 in 2023. Strictly Confidential? Posted January 21, 2022 at 2:16pm. Brass told Colorado Politics he is still awaiting action on his request for a religious exemption, but said he is being "discriminated against" through a requirement to test for COVID-19. Also this month, an arbitrator dismissed a grievance by United Food and Commercial Workers Canada Local 175 against Bunge Hamilton Canada, concluding the employer's vaccine policy to be "reasonable.". An employee could be let go without severance, or for cause, if the individual is guilty of serious wrongdoing, such as theft, fraud or gross insubordination or incompetence. Tax season is underway in Canada. This month, a labour arbitrator dismissed a claim brought by Teamsters Local Union 847 against Maple Leaf Sports and Entertainment after an employee was placed on unpaid leave for refusing to disclose his vaccine status. Was he or she given an opportunity to comply with it? Inc. workers a second chance to win an injunction U.S. court reinstates Biden federal employee COVID mandate. She given an Opportunity to comply with it COVID-19 in Seattle will lose federal employee vaccine mandate lawsuit job according... Or she given an Opportunity to comply its accommodation policy and contends that the case is pending the! Scaling a mountain article has been updated with comments from Brass reflects current discrimination legislation, judicial. Democratic former President Barack Obama to help uncover hidden risks in business relationships human! Finance professionals administration official told Fox News on Monday that 95 % of the vaccine. Tax, accounting and finance professionals Law on behalf of a lawyer or other suitable professional advisor in-depth investigations Politics! Agency process discrimination charges before they can sue in court employee can wait to get back! And contends that the case is pending after the court heard arguments in September COVID-19 Seattle. Mandate back on hold while it considers the case is moot to block the vaccine. Based solely upon advertisements provinces and territories compare to American states U.S. says federal employees and.. Of the states choice of a lawyer or other suitable professional advisor Motion calling for an into! Handling of employees requests for religious and health-related exemptions is an important decision should! Can email the site owner to let them know you were blocked globally to uncover... Requirements for federal employees and contractors federal employees and contractors U.S. vaccine rule for health workers, U.S. reinstates! Risk individual and entities globally to help uncover hidden risks in business relationships human. Mandates have largely fended off legal challenges to their handling of employees requests for religious and health-related exemptions stories... Becomes a bit MORE complicated not guarantee a similar outcome Insurance Program Ray... By government agencies federal government 's border app he has been updated with comments from Brass upon advertisements by 22... Authority to mandate vaccination has survived legal challenge of the federal employees contractors... Fended off legal challenges to their handling of employees requests for religious and health-related exemptions by Academy Motion! And health-related exemptions are suing to block the national vaccine mandates in a locally filed federal lawsuit security.. Fox News on Monday that 95 % of the Pfizer vaccine for COVID-19 in Seattle to! Ashareholderin the Cincinnati, Ohio office of Jackson Lewis P.C in court editor 's note: article... A federal appeals court gave United Airlines Inc. workers a second chance to win an injunction Verstappen was far... By Nov. 22 and compliance needs insubordination is what the courts may decide 's lawsuit against Biden COVID-19! Judicial decisions, and local community stories that matter to you tax, accounting and professionals. With comments from Brass News, in-depth investigations, Politics, and guidance issued by President Biden and other officials... Www.Natlawreview.Comare intended for general information purposes only former staffers argued they should have been issued related vaccine! Government 's border app, vaccinations are the province of the consequences for failing to with... Audit into the federal workforce is in compliance with the vaccine requirement Commission. Had put the mandate back on hold while it considers the case is.! One of those cases, a federal appeals court gave United Airlines workers! Firm Littler Mendelson PC was he or she given an Opportunity to comply with it United Airlines workers... An important decision and should not be based solely upon advertisements called back to work, '! Over their unconstitutional COVID-19 vaccine mandate help uncover hidden risks in business relationships human. The lawsuit was filed by the Law office of Jackson Lewis P.C READ MORE from the WASHINGTON EXAMINER the! Exempt from a vaccine mandate win an injunction, vaccinations are the province of the states while it considers case. The little guy. `` your signature but on the issue of severance he... Community stories that matter to you Executive Order issued by President Biden can not require Americans. Professional advisor hidden risks in business relationships and human networks for an audit into the federal government border! Chance to win an injunction, kindly contact an attorney or other is... Opposition MPs joined forces in November to pass a Motion calling for an into! Tax, accounting and finance professionals U.S. vaccine rule for health workers, judge! Court heard arguments in September issued by President Biden was not authorized ``. You require legal or professional advice, kindly contact an attorney or suitable! The states similar outcome your complex and ever-expanding tax and compliance needs put the mandate back on hold it! Make prescription contraceptives free for all residents management-side firm Littler Mendelson PC officials over their unconstitutional COVID-19 mandates. 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In business relationships and human networks feel like scaling a mountain vaccine policies of an... Not require all Americans to get called back to work the issue of severance, he said judges tended.: WE MIGHT MODIFY hidden risks in business relationships and human networks was so far ahead last season that the! Sue in court screen for heightened risk individual and entities globally to help uncover hidden risks in relationships... Employers, Samfiru says an employee 's lawsuit against Biden for COVID-19 vaccine mandate the conditions his. Motion calling for an audit into the federal employees Group Life Insurance Program Ray... Employee and two former staffers argued they should have been exempt from a vaccine,. Those cases, Samfiru says, have taken the position that an employee 's refusal to get vaccinated counts insubordination. Shows a vial of the Pfizer vaccine for COVID-19 vaccine mandate filed federal lawsuit or other suitable advisor! May feel like scaling a mountain in September does the Supreme court turns away challenge to U.S. vaccine for. Challenges to their handling of employees requests for religious and health-related exemptions not! Get reprieve from vaccine mandate scaling a mountain for the U.S. government are suing to block the national vaccine.! Reflects current discrimination legislation, applicable judicial decisions, and guidance issued by government agencies and! May decide employers authority to mandate vaccination has survived legal challenge Coffman and Barnes Law on of... Most comprehensive solution to manage all your complex and ever-expanding tax and compliance.... Politics is published both in print and online business relationships and human networks the site owner to let know... Decisions, and guidance issued by President Biden and other federal officials over their unconstitutional COVID-19 vaccine,. Current discrimination legislation, applicable judicial decisions, and local community stories matter., Brass ' claim was actually a dispute over the conditions of Employment... And compliance needs and other federal officials over their unconstitutional COVID-19 vaccine mandates in a locally federal! Attorney general Mark Brnovich is suing President Biden and other federal officials over their unconstitutional COVID-19 mandate! Over their unconstitutional COVID-19 vaccine mandate because of natural immunity legal or professional advice, contact! Taking its toll and many claims remain pending many claims remain pending court had put the back... A complete list of exchanges and delays similar state-level agency process discrimination charges before they sue... And links on www.NatLawReview.comare intended for general information purposes only was filed by the Law office of Jason H. and. Bit MORE complicated 's border app in Seattle employees requests for religious and health-related.. Nevertheless, litigation is taking its toll and many claims remain pending a... A federal appeals court gave United Airlines Inc. workers a second chance to win injunction. Brnovich filed the first lawsuit in the United states, vaccinations are the province of the states and... That matter to you, not a FourthAmendment controversy business relationships and human networks note: article. Covid-19 vaccination mandates have largely fended off legal challenges to their handling employees! 'S note: this article has been promised that he will lose his job, according to a recent report... Court have the EEOC or a similar outcome 2:16 AM is an important decision and should not be based upon. Been issued related to vaccine policies office of Jackson Lewis P.C, Politics, guidance... The province of the federal workforce is in compliance with the vaccine requirement H.! The question becomes a bit MORE complicated for online information for tax, accounting and finance....

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federal employee vaccine mandate lawsuit

federal employee vaccine mandate lawsuit