Legal settlement: Government ordered to scrub federal workers’ COVID vax status
Government agencies will soon begin scrubbing federal employees’ COVID-19 vaccination records from their personnel files after a four-year-long legal battle over former President Joe Biden’s COVID-19 vaccine mandate.
Feds For Freedom announced Wednesday that it had reached a settlement with the Department of Justice (DOJ) that requires the Office of Personnel Management to direct federal agencies to expunge personnel records related to the COVID-19 vaccine mandate, including vaccine status, non-compliance with the mandate, or exemption requests. The requirement must be issued in the next 60 days. Agencies will also be barred from considering COVID-19 vaccine status in hiring, firing and promotion decisions.
“The biggest thing for our members is that they are going to have their records scrubbed,” Feds For Freedom Executive Director Stephanie Weidle told the Daily Caller News Foundation.
“Our victory is a long-overdue confirmation of what we have asserted all along: COVID mandates were unconstitutional, immoral, and un-American,” Feds For Freedom President Marcus Thornton said in a statement.
The settlement represents “years of volunteer work and grassroots financial support,” said Feds For Freedom Co-Founder Jim Erdman.
The battle began in December 2021 when Feds For Freedom — then known as Feds for Medical Freedom, a group founded earlier that fall with approximately 9,000 federal employees — filed suit in Texas challenging the mandate, securing a nationwide injunction by January 2022 that paused the mandate’s enforcement. Biden formally revoked the mandate in May 2023. The group partnered with law firm Boyden Gray PLLC.
We reviewed the science, listened to the experts, and acted. BARDA is terminating 22 mRNA vaccine development investments because the data show these vaccines fail to protect effectively against upper respiratory infections like COVID and flu. We’re shifting that funding toward… pic.twitter.com/GPKbuU7ywN
— Secretary Kennedy (@SecKennedy) August 5, 2025
The DOJ does not admit wrongdoing in the settlement. Still, Feds For Freedom cast the settlement as an “implicit acknowledgment of the government’s overreach” and a “critical precedent” for future cases regarding personal medical choices and religious freedoms.
An employee can opt out of expunging their COVID vaccination records for any reason, which may be necessary for individuals with ongoing Equal Employment Opportunity Commission suits alleging hampered professional opportunities over the mandate, according to Weidle.
The group expects agencies to supply certificates of destruction to confirm expungement. The group also signaled it would assist federal workers in submitting Freedom of Information Act requests and Privacy Act requests to verify.
The government will also pay a monetary settlement reimbursing some of the group’s legal fees, though some of the case was pursued pro bono.
Weidle said she was “thankful but not fully satisfied” with the outcome. She pointed to what she said were mixed messages from the Trump administration, with President Donald Trump on Wednesday praising Operation Warp Speed, the 2020 sprint to develop COVID-19 vaccines, within hours of Health and Human Services Secretary Robert F. Kennedy Jr. announcing he would pivot the Biomedical Advanced Research and Development Authority away from the mRNA platform.
“But this is huge that we’ve gotten this far. Even a quiet acknowledgement from the federal government is remarkable considering that just last year the retaliation was continuing,” she said.
The DCNF revealed earlier this year that of the four outside advisors handpicked by Biden’s health officials to weigh in on the mandate, the majority recommended against a two-dose mRNA vaccine mandate for individuals with natural immunity.
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