x
FEBRUARY 10, 2022
1
2
UNITED STATES DISTRICT COURT
3
DISTRICT OF NEVADA
4
5
IN RE: REVISED VACCINATION POLICY
6 FOR EMPLOYEES AND EXTERNS IN GENERAL ORDER 2022-01
7 RESPONSE TO THE COVID-19
PANDEMIC
8
9 The Court has issued a series of general orders changing how the Court operates
10 to do its part in containing the spread of COVID-19.1 In furtherance of these ongoing
11 efforts, the Court hereby adopts the attached Revised Vaccination Policy in Response
12 to COVID-19 Pandemic (“the Policy”). The Court’s rationale for adopting the Policy is
13 further explained therein. The Policy applies to all employees working in the District
14 Court, Bankruptcy Court, Probation Office, and Pretrial Services Office, as well as
15 externs; it does not apply to members of the public or persons who appear before the
16 Court.
17 This Order is effective from this 10th Day of February 2022 until further notice.
18
19
20 MIRANDA M. DU, CHIEF JUDGE
21 UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF NEVADA
22
23
24
25 1See,
e.g., General Orders 2020-02, 2020-03, 2020-04, 2020-05 (available at
https://www.nvd.uscourts.gov/court-information/rules-and-orders/general-orders/).
26
27
District of Nevada
Vaccination Policy in Response to COVID-19 Pandemic
Revised February 10th, 2022
The United States District Court for the District of Nevada (“the District”) continues to take
measures to protect the health and safety of its employees and members of the public as we all
navigate and adapt to the challenges presented by the COVID-19 pandemic. 1 The District
continues to monitor guidance from the Centers for Disease Control (“CDC”), the Federal
Judiciary, and state and local health authorities.2 Recently revised guidance and current data on
infections have once again caused the District to adjust its policies concerning COVID-19. The
CDC maintains that “[v]accines remain the best public health measure to protect people from
COVID-19, slow transmission, and reduce the likelihood of new variants emerging.”3 It further
explains that existing vaccines remain “highly effective at preventing severe illness,
hospitalizations, and death” from the most recent variant. 4 The District therefore adopts this
Revised Vaccination Policy (“the Policy”) to require employees to have up-to-date vaccinations
against COVID-19 because immunization remains critical to controlling the spread of the virus
and resuming normal court operations.
The key difference between this policy and the earlier version of the policy promulgated in
September 2021 is that employees and externs are now required to get vaccinated with all CDC-
recommended doses of a COVID-19 vaccine, including boosters, or obtain a medical or religious
exemption from vaccination. The option of weekly testing in lieu of vaccination is no longer
available.
The Policy applies to all employees working in the District Court, Bankruptcy Court, Probation
Office, and Pretrial Services Office, as well as externs.
1
For example, the District currently has a policy requiring the public and employees to
wear face coverings when entering our courthouses and going through screening, and while in
public areas of the courthouses. In addition, court units within the District have policies for
employees regarding face coverings and social distancing.
2
The infection data in the state of Nevada additionally guides the District’s decision to
revise the Policy. While the state appears to be moving beyond the Omicron variant-induced
spike, new cases and hospitalization rates2 in the state recently hit their highest point since the
pandemic began. See Nevada Health Response, COVID-19 (last visited Jan. 25, 2022)
https://nvhealthresponse.nv.gov/.
3
See CDC, Omicron Variant: What You Need To Know (updated Dec. 20, 2021),
https://www.cdc.gov/coronavirus/2019-ncov/variants/omicron-variant.html.
4
Id.
Page 1 of 5
Up-to-date vaccination requirement
District employees and externs are required to get vaccinated with all CDC-recommended doses
of a COVID-19 vaccine,5 including boosters, at the recommended intervals; or obtain a medical or
religious exemption from vaccination. The CDC currently characterizes this vaccination status as
being “up to date” with your COVID-19 vaccines.6 As of the effective date of this revised policy,
for most adults this means having been inoculated with the primary two-shot series of the Pfizer-
BioNTech or Moderna vaccine, or the primary single-shot of the Johnson & Johnson/Janssen
vaccine, plus a Pfizer-BioNTech or Moderna booster.7
Getting up to date
Persons who have received no COVID-19 vaccine will have 6 weeks from the effective date of the
Policy to complete the primary series; they must then receive a booster shot either 5 or 6 months
after receiving a two-dose series, depending on which two-dose vaccine is received, and within
two months of receiving a single-dose series, in compliance with CDC recommendations. Those
who have received the primary series but are not up to date with the vaccine will have one week
from the effective date of this Policy to obtain a booster.8
Employees and externs who are up to date with their COVID-19 vaccination as of the effective
date of the Policy need only submit an updated attestation form that reflects that status.
Attestation form
All employees must submit an updated COVID-19 Vaccination Status Attestation Form to the
Human Resources Department within 5 business days of the effective date of the Policy. New
employees and externs who come to the District after the effective date of this Policy must
complete the revised attestation form prior to their entrance on duty (“EOD”), and law clerks and
externs may be required to complete the attestation form upon being offered employment and may
need to update their form depending on when they start their clerkship or externship. Failure to
timely complete the form may delay start date and may result in a withdrawal of an employment
offer. Employees who do not submit a revised attestation form may be subject to disciplinary action
as noted below. See the attached attestation form for additional instructions.
Acceptable vaccines include only those authorized for use in the United States by the U.S.
5
Food and Drug Administration. Currently, this includes (1) Pfizer-BioNTech (Comirnaty), (2)
Moderna, and (3) Johnson & Johnson/Jansen.
6
For purposes of the Policy, the term “up to date” with a COVID-19 vaccination has the
meaning ascribed by the CDC website, as updated by the CDC from time to time. See
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html.
7
See CDC, Omicron Variant: What You Need To Know (updated Dec. 20, 2021),
https://www.cdc.gov/coronavirus/2019-ncov/variants/omicron-variant.html.
8
Persons who have begun but not completed a vaccination series must complete that series,
along with any recommended booster, in the time intervals recommended by the CDC. See
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html.
Page 2 of 5
Applying for an exemption from the up-to-date vaccination requirement
Employees and externs with medical or religious reasons for not getting up to date with the
COVID-19 vaccine may apply for an exemption by submitting an exemption request to the Chief
Judge of the District Court (or, if employed or externing with the Bankruptcy Court, to the Chief
Bankruptcy Judge) in writing within 10 business days of the effective date of the Policy. Persons
who have already been granted a medical or religious exemption from the prior version of this
policy do not need to re-apply as the District will continue to honor those exemptions.
• Persons seeking a medical exemption must provide a letter from their certified, licensed
health-care provider, who is not related to them, and whose specialty is commensurate with
the condition that necessitates the exemption. The letter from the health-care provider must
explain in detail why it would be unsafe for the employee or extern to be vaccinated against
COVID-19 and, if applicable, for how long.
• Persons seeking a religious exemption must submit a written and signed statement
explaining why they seek an exemption based on sincerely held religious beliefs. The
submission must identify and explain the religious basis for the exemption and include the
religious principle(s) that guide the objection to vaccinations. Please also include a letter
from a faith leader if you have a faith leader.
Exemption requests will be assessed based on individual circumstances. Requests for exemptions
submitted by law clerks and externs will be shared with their judge, who will be involved in
deciding whether to grant the request. Submitting an exemption request does not guarantee that
the request will be approved.
Anyone granted an exemption or awaiting review of an exemption request must undergo weekly
COVID-19 testing on their own time and at their own expense, and they must wear a mask and
maintain social distancing at all times while in the District’s facilities. Acceptable tests include
Polymerase Chain Reaction (“PCR”) tests and “rapid tests” administered at a pharmacy, health
department, doctor’s office, or other healthcare provider only; tests performed at home will not be
accepted. The results of each test must be provided weekly to the Human Resources Department.
Self-assessment of symptoms
In addition, all employees and externs must conduct daily self-assessments for COVID-19
symptoms. Any individual exhibiting symptoms must report them to either the Human Resources
Department or their supervisor. Employees or externs who feel sick should not come to work on
site.
Testing positive
Persons who test positive for COVID-19 must follow the appropriate isolation requirements
provided by their doctor or the current CDC guidelines and must report the positive test result to
the Human Resources Department or their supervisor. Contact the Human Resources Department
with any questions.
Page 3 of 5
Policy violations
Violations of the Policy may lead to disciplinary action up to and including termination. The level
of discipline will depend on the circumstances and seriousness of the infractions as they occur.
This Policy remains subject to change as the District continues to navigate the COVID-19
pandemic because the COVID-19 pandemic remains a fluid situation with constantly evolving
guidance.
EFFECTIVE THIS 10th Day of February 2022.
Miranda M. Du, Chief Judge
U.S. District Court for the District of Nevada
Page 4 of 5
District of Nevada Employees and Judges
Revised COVID-19 Vaccination Status Attestation
Please sign and complete this attestation concerning your COVID-19 vaccination status. No
additional medical information need be provided with this form.
Name:
Court Unit:
Date:
Please choose from one of the following options:
1. I have received two doses of Pfizer or Moderna or a single-dose of
Johnson & Johnson COVID-19 vaccines and now update my status
to fully vaccinated because I have received a booster dose.
2. I received my second dose of the Pfizer or Moderna vaccine or my
single dose of a Johnson & Johnson vaccine less than two weeks ago
on ____________.
3. I received my first dose of Moderna or Pfizer, and my second
appointment is scheduled for _______________.
4. I have not yet been vaccinated, but I have scheduled an
appointment to receive my first dose of vaccine on .
5. I have not yet received my booster shot, but I have an appointment scheduled to
receive it on _____________.
I understand that I am required to provide accurate information and hereby affirm that the above
information is true and correct. I understand that if I state I am fully vaccinated my employer
may request additional information or documentation regarding my vaccination (e.g., copy of
my vaccination card or other similar official document confirming vaccination status).
Failure to provide truthful information on this form may lead to discipline up to and including
termination.
Electronic or Ink Employee/ Contractor Signature
Please email this form to your Human Resources department.
Page 5 of 5
