On July 12, 2022, the federal Equal Employment Opportunity Commission (EEOC) quietly updated its Q&A instructing employers as to when they may require an employee to undergo COVID-19 viral testing (i.e., a test, such as an...more
As we have discussed previously, Governor Lamont’s original Executive Order 13D mandating COVID-19 vaccination for most school employees raised numerous questions. In what appears to be an attempt to address the many...more
9/14/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Essential Workers ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Teachers ,
Vaccinations ,
Workplace Safety
On Friday, August 27, 2021, approximately 200 people joined us for a webinar on issues faced by Connecticut schools as they reopen this fall during the current COVID-19 pandemic. We covered topics such as mask mandates,...more
9/1/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Emergency Management Plans ,
Essential Workers ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Public Health Emergency ,
Re-Opening Guidelines ,
School Policies ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In the next installment of what appears to be the ever-moving target of mandatory vaccinations for Connecticut school employees, the Governor issued Executive Order 13D (the “Order”) delineating the state’s requirements for...more
8/25/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Private Schools ,
Public Health Emergency ,
Public Schools ,
Reasonable Accommodation ,
State Contractors ,
Vaccinations ,
Workplace Safety
The 2021 Regular Session of the Connecticut General Assembly concluded on June 9, 2021, but the primary source of action on education law issues was a special session of the General Assembly and ensuing “budget implementer”...more
8/10/2021
/ Charter Schools ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
General Assembly ,
Hairstyle Discrimination ,
Infectious Diseases ,
Native American Issues ,
Public Sector Unions ,
School Districts ,
Special Education ,
State and Local Government ,
State Budgets ,
Team Mascots ,
Vaccinations ,
Wage and Hour
As COVID-19 continues to spread throughout the United States, many colleges have turned to mandatory student vaccination requirements in an attempt to return to in-person learning. Predictably, following directly behind...more
In what is believed to be the first court decision on the issue of mandatory COVID-19 vaccinations, the U.S. District Court for Southern Texas upheld a hospital’s policy requiring that all of its employees must be vaccinated...more
Friday (May 28, 2021), the Equal Employment Opportunity Commission (“EEOC”) issued its long-awaited Guidance on mandatory vaccinations in the workplace. In the new Guidance, the EEOC answers many questions about when...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The new Title IX regulations addressing sexual harassment in elementary and secondary schools went into effect August 14, 2020. These regulations prescribe the exact way that schools must now address sexual harassment of...more
10/8/2020
/ Complaint Procedures ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
OCR ,
Regulatory Requirements ,
Reporting Requirements ,
School Districts ,
Sexual Harassment ,
Title IX
On September 8, 2020, the EEOC once again updated its guidance on the Americans with Disabilities Act (“ADA”) and the Coronavirus pandemic. EEOC Updated Guidance. The new document, through a question and answer format,...more
The U.S. DOL issued additional guidance on August 27, 2020 as to when employees may use paid Families First Coronavirus Response Act (“FFCRA”) leave to care for their children under different COVID-related school models. ...more
9/3/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Distance Learning ,
Educational Institutions ,
Families First Coronavirus Response Act (FFCRA) ,
Hybrid Plan ,
Infectious Diseases ,
Paid Sick Leave ,
Parental Responsibilities ,
Remote Learning ,
Sick Leave ,
Students
As more and more businesses are opening back up under restrictions related to the COVID-19 pandemic, the EEOC has, yet again, weighed in to ensure that businesses do not discriminate against employees. ...more
As the country begins a phased reopening of businesses, federal, state, and local agencies continue to issue updated information about returning to work during the COVID-19 pandemic....more
As the country starts discussing the possibility of businesses reopening, the EEOC has, again, updated its guidance on COVID-19 and the Americans with Disabilities Act (“ADA”.) This third installment focuses heavily on...more
The EEOC has, yet again, revised its guidance on the ADA and the Coronavirus in the workplace. In an expanded Q&A, the EEOC provides further guidance designed to protect employees’ medical information and prevent...more
The U.S. Department of Education Student Privacy Policy Office recently provided more in-depth information regarding FERPA and virtual education in light of COVID-19 through a webinar. Much of what they discussed has already...more
Despite the protestations of some teachers and their unions, there is nothing illegal about directly teaching students through videoconferencing. This neither violates the Family Educational Rights and Privacy Act (FERPA)...more
Employers with fewer than 500 employees (“Eligible Employers”) are required to provide paid leave for employees on leave due to (1) their own COVID-19 related health needs...more
3/26/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance ,
IRS ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Governors in many states, including Connecticut and New York, have issued Executive Orders that will result in non-essential businesses closing – or relying exclusively on employees working from home – for a period of time. ...more
The U.S. Department of Education Office of Civil Rights (“OCR”) issued a fact sheet today entitled “Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students.” The fact sheet addresses various...more
The Governor has now issued Executive Orders closing down restaurants, gyms and theaters through April 30. Gatherings are limited to those under 50 people, and President Trump suggested gatherings should be no greater than...more
3/20/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Crisis Management ,
Distance Learning ,
Educational Institutions ,
Executive Orders ,
Flexible Work Arrangements ,
Public Health ,
School Closures ,
Special Education ,
Students
No doubt many businesses employ individuals who have disabilities that increase their risks arising from contracting COVID-19. Some of these risk factors include chronic lung disorders such as asthma and COPD, autoimmune...more
As you are all aware, a basic educational requirement in the State of Connecticut is that each school district must make a minimum of 180 days of instruction available to students each school year. ...more
3/17/2020
/ Attendance ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Public Health ,
School Districts ,
Section 504 ,
Special Education ,
Students