News & Analysis as of

Americans with Disabilities Act (ADA) Coronavirus/COVID-19 Employer Responsibilities

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

The COVID-19 Emergency Declaration Has Ended - But Do the Accommodations Continue?

The U.S. secretary of health and human services declared a public health emergency (PHE) due to COVID-19 on January 31, 2020, and since that time, employers have faced a barrage of accommodation requests, largely in the form...more

Proskauer - Law and the Workplace

COVID-19 and the Workplace: Where Do We Stand?

As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency.  However, the rollback of COVID-19 requirements was already underway in many state and municipal...more

Obermayer Rebmann Maxwell & Hippel LLP

EEOC Provides New COVID-19 Workplace Guidance (Again)

Given the easing of the pandemic, the US Equal Employment Opportunity Commission (EEOC) has once again updated its guidelines relating to employers’ handling of COVID-19. These adjustments reflect the evolving nature of the...more

Vinson & Elkins LLP

EEOC Updates Test for COVID-19 Testing Policies

Vinson & Elkins LLP on

It may, once again, be time for employers to review and update their COVID-19 workplace safety policies. In July 2022, the Equal Employment Opportunity Commission (EEOC) released updated guidance that employers must be able...more

Bass, Berry & Sims PLC

EEOC’s Updated Guidance on COVID-19 Testing in the Workplace

Bass, Berry & Sims PLC on

On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work...more

Akerman LLP - HR Defense

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the...more

Ward and Smith, P.A.

Update to EEOC's Position on Mandatory COVID testing

Ward and Smith, P.A. on

On July 12, 2022, the Equal Employment Opportunity Commission ("EEOC") updated its guidance regarding COVID-19 workplace viral screening testing.  The EEOC's original position on COVID-19 workplace viral screening testing...more

Bradley Arant Boult Cummings LLP

More COVID-19 Test Mess? EEOC Says It Has to Meet the Business Necessity Test

Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on...more

Stark & Stark

Workplace COVID Testing Must Be "Business Necessity" United States Equal Opportunity Commission Says

Stark & Stark on

The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. On July 12, 2022, the EEOC announced...more

Morgan Lewis

EEOC Updates Guidance On Employer COVID-19 Testing Programs

Morgan Lewis on

The US Equal Employment Opportunity Commission updated its guidance on employer COVID-19 testing programs on July 12. The update reinforces that the evolving circumstances of the COVID-19 pandemic require an individualized...more

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

Business Necessity of COVID-19 Screening Testing No Longer Presumed Under EEOC Guidance

At the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) took the position that the Americans with Disabilities Act (ADA) standard for conducting medical examinations (job-related and...more

Akerman LLP - HR Defense

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

Akerman LLP - HR Defense on

Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more

Bradley Arant Boult Cummings LLP

Another Type of COVID Long Haul—Future Discrimination Suits?

We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more

Dickinson Wright

COVID-19 Surge Medical Leave Refresher for Employers

Dickinson Wright on

In 2020, as COVID-19 cases were mounting, many employers were tasked with following the brand-new Families First Coronavirus Response Act (“FFCRA”), which provided a framework and tax credits for paid leave, including paid...more

Mitchell, Williams, Selig, Gates & Woodyard,...

An Employee has Tested Positive for COVID-19, Now What?

Currently, the number of COVID-19 cases in Arkansas continues to rise due to the Delta variant. With the rising number of COVID-19 cases, now is the perfect time for employers to refresh themselves on guidelines and policies...more

White and Williams LLP

Managing Generation Z in the Workplace

The post-COVID-19 workplace is here. Those of us who had established physical places of work are returning to our physical workspaces or the return is on the horizon. For many, the return will feel awkward at first, but my...more

Dorsey & Whitney LLP

Considerations for Health Care Employers under Iowa’s Vaccine Passport Law and Recent CDC, CMS and EEOC Guidelines

Dorsey & Whitney LLP on

One of the last pieces of legislation the Iowa legislature sent to Governor Kim Reynolds’ desk for guaranteed signature was a bill banning vaccine passports in Iowa. House File 889 contains several prohibitions regarding...more

Schwabe, Williamson & Wyatt PC

Oregon OSHA Issues New Guidance for Fully Vaccinated Employees

On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) issued new recommendations for individuals who are fully vaccinated. Specifically, the CDC stated that fully-vaccinated individuals[1] can resume...more

Obermayer Rebmann Maxwell & Hippel LLP

To Mask or Not to Mask: Challenges in Following the Updated CDC Guidance

On May 13, 2021, the Center for Disease Control (“CDC”) published guidance indicating that fully vaccinated individuals do not need to wear a mask or physically distance in certain indoor and outdoor...more

Smith Anderson

“Masks Off” - Now What For Employers?

Smith Anderson on

On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) announced new guidance stating that masks and physical distancing were no longer necessary for fully vaccinated individuals in most settings.  The...more

Holland & Knight LLP

Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring It Raises Issues

Holland & Knight LLP on

On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) released guidance that stated that COVID-19 vaccinations do not qualify as medical examinations under the Americans with Disabilities Act (ADA) and that...more

Benesch

OSHA Issues Updated Guidance On Recording Employee Adverse Vaccine Reactions And Other COVID-19 Related News

Benesch on

On April 20, 2021, OSHA issued new guidance on when employers must report instances in which an employee suffers an adverse reaction to a COVID-19 vaccination. According to the guidance, employers who require their employees...more

Husch Blackwell LLP

Opening For Business? Your Return-To-Work Policies Answered

Husch Blackwell LLP on

As vaccine distribution becomes widespread, and employees begin to return to work, we continue to field questions related to return-to-office plans in a post pandemic world. We previously compiled a list of FAQs, addressing...more

Jackson Lewis P.C.

California Moves Toward Reopening, But Employers Will Still Have COVID-19 Obligations

Jackson Lewis P.C. on

While California has announced tentative plans to lift COVID-19 restrictions by June 15, 2021, the difficulties for employers are not over. For much of the COVID-19 pandemic, California struggled to get infection rates...more

Husch Blackwell LLP

Funny You Should Ask: Not So Common Employment Questions - UPDATED March 2021

Husch Blackwell LLP on

As more businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address three questions...more

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