News & Analysis as of

Americans with Disabilities Act (ADA) Equal Employment Opportunity Commission (EEOC) Food and Drug Administration (FDA)

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - March 2023 #4

LEGISLATION, REGULATIONS & STANDARDS - Report: FDA Food Recalls Jumped 700% from 2021 to 2022 - The number of individual units of food and drink recalled by the U.S. Food and Drug Administration (FDA) in 2022 increased...more

Rumberger | Kirk

When are COVID-19 Policies a “Business Necessity”? The EEOC’s New Guidance on Navigating the Post-Pandemic Workplace

Rumberger | Kirk on

On July 12, 2022, The Equal Opportunity Employment Commission (EEOC) updated its guidance on the Americans with Disabilities Act (ADA) and the Rehabilitation Act as they relate to the pandemic. The new guidance recognizes...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

BCLP

EEOC Issues New Guidance on COVID-19 Employee Testing

BCLP on

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers regarding “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more

Amundsen Davis LLC

EEOC Issues New Guidance on COVID-19 Testing

Amundsen Davis LLC on

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) - the federal agency responsible for enforcing anti-discrimination laws - issued new guidance on when employers may require employees to screen/test...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

Mintz - Employment Viewpoints

EEOC Updates Screening, Testing, and Mandatory Vaccination Polices

After several months, the EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic’s interaction with anti-discrimination laws, with a particular focus on the workplace screening, testing,...more

Sherman & Howard L.L.C.

COVID-19 Tests Require Business Necessity, EEOC Says

The Equal Employment Opportunity Commission (“EEOC”) has shifted its position on required employee COVID-19 testing. Employers will now have to justify the requirement before enforcing such testing on its workforce....more

McDermott Will & Emery

EEOC Potentially Limits Employer's Right to Mandate COVID-19 Testing

McDermott Will & Emery on

On July 12, 2022, the US Equal Employment Opportunity Commission (EEOC) revised its guidance on compliance with disability discrimination law during the COVID-19 pandemic. While previous guidance, initially published on...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

Foley & Lardner LLP

EEOC Drops New Guidance on COVID-19 Testing

Foley & Lardner LLP on

More than two years into the COVID-19 pandemic, and in the face of all sorts of uncertainty amid multiple new variants and waves of infection, employers could at least be confident of one thing – it is generally okay to...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC update to COVID guidance is ho-hum

And, for that, we should be grateful. This week, the U.S. Equal Employment Opportunity Commission updated its guidance on COVID-19 and the laws that the agency enforces. In my opinion, it's pretty unremarkable....more

Perkins Coie

COVID-19 Vaccine Questions Answered - Update

Perkins Coie on

With the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for...more

Husch Blackwell LLP

Frequently Asked Questions Regarding Employer Vaccine Requirements

Husch Blackwell LLP on

Now that the federal Food and Drug Administration (FDA) has issued its formal approval of the Pfizer-BioNTech COVID-19 vaccine, many employers are beginning to implement vaccine requirements for employees. This article...more

Cole Schotz

Increasing COVID-19 Cases Accompanied By Increasing Employer Vaccination Policies: Can Employers Legally Require Employees To...

Cole Schotz on

As the Delta variant of COVID-19 rapidly spreads across the country and offices continue to reopen with the close of summer, questions around mandatory vaccination policies are on the rise. On the heels of federal and local...more

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

COVID-19 Variants and Key Government Actions Accelerate Employer Vaccination Policy Implementation

With transmission of the Delta variant on the rise, many employers are revisiting plans to implement COVID-19 vaccination policies. As we have previously explained, employers may encourage and mandate vaccination against...more

White and Williams LLP

Are Vaccine Mandates Becoming the “New Normal” For Employers?

COVID-19 is once again at the forefront for employers as the Delta variant rapidly surges throughout the country, while vaccination rates lag and new scientific findings explain how the virus spreads. Faced with concerns that...more

White and Williams LLP

Employer Vaccination Policies Will Continue to Gain Momentum as DOJ Offers New Guidance and Federal Employers Impose New Vaccine...

With the Delta variant on an upswing and COVID-19 vaccines widely available, more and more employers are considering implementing mandatory COVID-19 vaccination policies in the workplace. This is especially true for employers...more

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

DOJ Releases Memorandum Supporting Employers’ Right to Mandate Vaccines Approved by the FDA for Emergency Use

Growing numbers of private businesses and public entities have announced policies requiring employees and others to be vaccinated against COVID-19 as a condition of employment or as a condition of access to facilities or...more

Rivkin Radler LLP

Delta Variant Prompts Mandatory Vaccinations And Mask Requirements

Rivkin Radler LLP on

The Delta variant, which increased COVID cases and hospitalizations, also prompted new federal and local COVID rules and mandates, and required employers to revisit their existing COVID policies. OSHA announced a new...more

Polsinelli

Flattening the Curve: Are Vaccination Mandates a Viable Strategy for Hospitals?

Polsinelli on

Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) vaccines hold promise to control the pandemic and help restore normal social and economic life, even as variant threats loom. ...more

Constangy, Brooks, Smith & Prophete, LLP

A Few Grains Of Salt About That COVID Vaccine Decision From Texas

Don't rely on it too much -- yet. We recently got our first federal court decision addressing whether an employer had the right to require employees to be vaccinated for COVID-19. The court's answer was yes... ...more

Steptoe & Johnson PLLC

Can Colleges Mandate Vaccines? Yes, But Beware.

Steptoe & Johnson PLLC on

As institutions of higher education (“IHEs”) approach their summer and fall terms, the question on every administrator’s mind is: Can our institution legally implement a mandatory COVID-19 vaccine policy for students and/or...more

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

Mandating COVID-19 Vaccines in Hospitals

On June 4, 2021, a federal judge denied a request for a temporary restraining order that would have blocked Houston Methodist Hospital (the “Hospital”) from requiring its employees to receive one of the currently-available...more

Smith Gambrell Russell

Updated EEOC Guidance and New COVID-19 Litigation

The EEOC issued updated guidance stating that federal equal employment opportunity laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to some...more

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