News & Analysis as of

Americans with Disabilities Act (ADA) Food and Drug Administration (FDA) Occupational Safety and Health Administration

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

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

ArentFox Schiff

Vaccine Mandate for Government Contractors: Guidance and FAR Class Deviation Bring Clarity and Questions

ArentFox Schiff on

On September 9, 2021, President Biden signed Executive Order 14042, "Ensuring Adequate COVID Safety Protocols for Federal Contractors," that directed agencies to include a clause in new contracts, options, and extensions...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

Holland & Hart - Employers' Lawyers

Take COVID-19 Vaccine or Else: Legal Pitfalls for Employers

The imminent availability of a COVID-19 vaccine has garnered massive public attention. Perhaps the most pressing question from Colorado employers is, “Can employees be required to take the vaccine once it’s available?”...more

Saul Ewing LLP

Staying Vigilant: New Developments Highlight Unknowns About Vaccinations and Evolving Workplace Safety Rules

Saul Ewing LLP on

In President Biden’s March 11, 2021 speech, he urged everyone to “stay vigilant” against the virus even as more vaccines are rolled out. The same applies to employers. Three recent developments—an employee lawsuit challenging...more

Pillsbury Winthrop Shaw Pittman LLP

Legal and Practical Considerations for COVID-19 Vaccine Mandates in the Workplace

For employers, encouraging but not mandating employee COVID-19 vaccination avoids legal risks. Organizations seeking to require vaccination of visitors need to consider public accommodation accessibility requirements. ...more

Tonkon Torp LLP

EEOC Issues Guidance On Employer-Mandated Vaccines

Tonkon Torp LLP on

The first doses of the Covid-19 vaccine have arrived in Oregon and in states across the nation. In Oregon, Governor Brown has prioritized front-line health care workers and nursing home residents for receiving the first round...more

Laner Muchin, Ltd.

EEOC Issues Guidance On Whether Employers Can Require Employees To Receive A COVID-19 Vaccine

Laner Muchin, Ltd. on

Based on welcome news that the COVID-19 vaccine may be available to the public in the coming months, many employers are beginning to consider whether mandatory vaccinations can be incorporated into existing strategies to...more

Bracewell LLP

EEOC Says Employers May Mandate COVID-19 Vaccinations - Subject to Limitations

Bracewell LLP on

With one pharmaceutical company already receiving emergency use authorization for its COVID-19 vaccine, and a second drug maker apparently on the cusp of receiving authorization, employers, eager to return to normal business...more

ArentFox Schiff

EEOC Updates Guidance on COVID Vaccines: Mandatory Vaccinations Permitted, With Some Exceptions

ArentFox Schiff on

Both practical and legal issues will need to be resolved, but as of today, the EEOC has signaled that mandatory COVID vaccinations are lawful for the vast majority of employees. On December 16, 2020, the Equal Employment...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: EEOC Issues Guidance On COVID Vaccines

And employers will like it. NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins. The U.S. Equal Employment Opportunity...more

Troutman Pepper

COVID-19 Vaccine - Frequently Asked Questions

Troutman Pepper on

Why It Matters - Businesses should begin to address these issues now so that when COVID-19 vaccines are ready for distribution, they will be too....more

Holland & Hart - Employers' Lawyers

May Employers Mandate COVID-19 Vaccines?

Given pending anticipated FDA approval of Pfizer’s COVID-19 vaccine, and encouraging vaccine results from Moderna and AstraZeneca, many employers are wondering whether they may legally mandate vaccinations for their...more

K&L Gates LLP

COVID-19: Vaccines for Everyone! Wait, Not So Fast. Considerations for Health Care and Other Employers When Evaluating Mandatory...

K&L Gates LLP on

INTRODUCTION - Following earlier announcements as to the efficacy of vaccine trials by pharmaceutical companies Pfizer, Inc. (Pfizer) and Moderna, Inc. on November 20, 2020, Pfizer and BioNTech submitted applications for...more

Husch Blackwell LLP

Updated: Top Employer COVID Vaccine Questions And Answers

Husch Blackwell LLP on

Announcements by both Pfizer and Moderna that their trial COVID-19 vaccines appear to be over 90% effective have led to a surge of interest by everyone, employers included, about exactly when and how a vaccine will save us...more

Morgan Lewis

COVID-19 Vaccines: Considerations for US Employers

Morgan Lewis on

As the world awaits a successful COVID-19 vaccine, employers are beginning to consider the implications a new vaccine will have on their workplaces. Although much remains speculative, employers can look to the regulation of...more

Bracewell LLP

The COVID-19 Vaccine: Now Is Time for Employers to Plan for Whether They Can, and Should, Require Employees to Be Vaccinated

Bracewell LLP on

A Gallup survey released earlier this month indicates that more than one in three Americans, specifically 35 percent, intend to decline to have any COVID-19 vaccine that ultimately is approved by the FDA — even if offered...more

Holland & Hart LLP

Updated EEOC Guidance on the ADA and Accommodations

Holland & Hart LLP on

On April 23, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated FAQs to guide ongoing testing and workplace safety. The EEOC clarified that employment discrimination laws are not intended to...more

Pillsbury Winthrop Shaw Pittman LLP

EEOC Publishes Additional Guidance Addressing “Return to Work” Issues and Employee COVID-19 Testing

EEOC FAQs provide additional guidance on complying with Americans with Disability Act requirements while safeguarding against COVID-19 transmission. EEOC greenlights employer-administered COVID-19 testing and temperatures...more

Troutman Pepper

Beyond Ebola: Environmental Regulatory Issues Creating Business Risks for Health Care Providers

Troutman Pepper on

Business and legal risks to health care companies reach far beyond scientific uncertainties in the prevention protocols for infectious diseases due to lack of clarity among regulators with public health responsibilities. ...more

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