News & Analysis as of

Vaccinations Reasonable Accommodation Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Jackson Lewis P.C.

Montana Makes Vaccination Status A Protected Class

Jackson Lewis P.C. on

Discrimination based on vaccination status is prohibited under a new Montana law (House Bill 702). Enacted on May 7, 2021, the new law went into effect immediately...more

Tonkon Torp LLP

Update On Proposed Oregon Legislation – What Employers Need To Know

Tonkon Torp LLP on

For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more

Polsinelli

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

Polsinelli on

On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

Littler

Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?

Littler on

Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Vegan Employee May Proceed with Religious Discrimination Claim

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

Poyner Spruill LLP

Recent Ruling Demonstrates That You Might Find Religion Where You Least Expect It

Poyner Spruill LLP on

A ruling from an Ohio federal court warns that a religious discrimination claim can arise from of a set of beliefs that an employer might not ordinarily equate with religion. In Chenzira v. Cincinnati Childrens’ Hospital...more

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