Labor & Employment Law Daily Wrap Up, AGENCY NEWS—OPM instructs that federal agencies may not use COVID-19 vaccine status, noncompliance history, etc. for employment-related decisions, (Aug 11, 2025)

By Brandi O. Brown, J.D.

The memo also instructs that all information related to an employee’s COVID-19 vaccine status and non-compliance history must be expunged from their official personnel folders.

Stating that it is reiterating and expanding upon Biden-era guidance, OPM has issued a memorandum to heads of agencies indicating that, “[e]ffective immediately, federal agencies may not use an individual’s COVID-19 vaccine status, history of noncompliance with prior COVID-19 vaccine mandates, or requests for exemptions from such mandates in any employment-related decisions, including but not limited to hiring, promotion, discipline, or termination.”

Expungement. The memo adds that, “subject to document preservation requirements related to litigation obligations, all information related to an employee’s COVID-19 vaccine status, noncompliance with prior vaccine mandates, or exemption requests must be expunged from” personnel folders unless the individual affirmatively opts out within 90 days of the memo. Even so, the individual “can still request and obtain such expungement at any subsequent time.”

Agencies are instructed to report their compliance by no later than September 8, 2025.

News: AgencyNews PublicEmployees Covid19