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OSHA has required employers to make vaccinations available to employees, but never before has it required employees to be vaccinated. (Photo: Diego M. Radzinschi/ALM)

On Sept. 9, President Biden issued an executive order mandating that federal contractors and large employers require their employees to be vaccinated against COVID-19.

Touted as a bold public health initiative, the executive order is unprecedented: Never before has the government issued a mandate requiring employees to submit to a vaccination or weekly medical testing or be fired. But, as the Genie told Aladdin when granting his three wishes, there are “a few provisos, a couple of quid pro quos.” Let’s briefly explore some of the questions the executive order raises.

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