Do Employers Risk Suit if the Don’t Keep Up with the CDC’s Covid Guidance?

Lawsuits are Coming for Entities That Don’t Change COVID Mandates After CDC Update, Says Head of the New Civil Liberties Alliance.

Mark Chenoweth is the President and General Counsel at the New Civil Liberties Alliance, a Washington, D.C. – based non-profit civil liberties organization.  Chenowith told the Epoch Times in an interview published August 16, 2022 that government entities with COVID-19 vaccine mandates that don’t pay heed to the new Centers for Disease Control and Prevention (CDC) guidance will face lawsuits.

“We don’t have a new lawsuit in the works yet. But if we see that colleges and universities and public employers are not responding to the new CDC guidance the way that they should be, then we would certainly tee up a new lawsuit.”

“The response to the updated guidance should be, at a minimum, a lifting of mandates for people who have recovered from COVID-19, he added.”

Since virtually all entities that have imposed mandates have cited CDC guidance, the entities won’t be able to argue they aren’t aware of the updated guidance, according to Chenoweth.

That means any institution that doesn’t alter or rescind its mandate in light of the update “is ripe for a lawsuit,” he said.”

Please read the article at

Updated Risk Management for Private Sector Employers.

My sense is that private sector employers have also been relying on the prior CDC guidance to justify their Covid mandates. I think private employers face a similar risk of suit if they don’t update their policies in light of the new CDC guidance.

As always, I encourage you to consult with savvy employment counsel licensed in your jurisdiction.  I would be happy to check my list of specialty lawyers to help you find one where you are.

Thank you!

Michael Oswald

Please note: the above post contains educational information. It is not intended as legal advice. Engage an attorney who is licensed in your state to get advice on dealing with any specific legal issue.

© 2022 Michael S. Oswald

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