News & Analysis as of

Americans with Disabilities Act (ADA) Vaccinations Infectious Diseases

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Rejects Anti-Vaccine Case Appeal

On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more

Quarles & Brady LLP

FAQs Relating to Quarles & Brady’s 10/12/2022 Webinar: COVID & the Flu: Legal Update and Fall Planning

Quarles & Brady LLP on

Q: Can I terminate an agreement allowing an employee to work remotely?...more

Dentons

The Sequel - EEOC Updates COVID Guidance

Dentons on

As everyone knows, the sequel is almost always messier than the original. The Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated...more

Goldberg Segalla

Managing the Minefields: Considerations for Employers Managing MonkeyPox and COVID-19 Leave

Goldberg Segalla on

Key Takeaways- - On July 29, 2022, New York State declared the Monkeypox virus a public health emergency On August 4, 2022, the White House declared Monkeypox a public health emergency Employers may soon face the...more

Parker Poe Adams & Bernstein LLP

EEOC Changes Technical Guidance on Employer COVID-19 Testing

On July 12, the Equal Employment Opportunity Commission (EEOC) released an amended Technical Assistance Q&A on the interaction between COVID-19 response measures and federal civil rights laws. While the revisions address a...more

Proskauer - Law and the Workplace

EEOC Issues New Workplace Guidance Regarding COVID-19 Testing

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...more

Parker Poe Adams & Bernstein LLP

South Carolina Drastically Limits Private Employer Vaccine Mandates

On April 25, 2022, South Carolina enacted a statute aimed at curtailing employers’ ability to require workers to be vaccinated against COVID-19. To start, the Act absolutely bans state and local governments from requiring...more

Littler

Disability Accommodation and COVID-19: Ten Emerging Issues to Consider

Littler on

As we enter the third year of the global COVID-19 pandemic, many U.S. businesses are implementing long-delayed return-to-office plans and hoping to establish a new equilibrium.  Public health experts, economists and...more

Davis Wright Tremaine LLP

Best Practices for Tracking and Storing COVID-19 Vaccination Status of Employees

Verifying employees' COVID-19 vaccination status raises unique confidentiality and privacy concerns for employers. Documentation regarding an individual's vaccination status is confidential medical information under the...more

Littler

Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

Littler on

While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more

Greenberg Glusker LLP

Employers’ Struggles with Religious & Disability Accommodations from COVID-related Policies

Greenberg Glusker LLP on

The science, guidance, and regulations related to workplace safety policies for the COVID-19 pandemic are constantly changing (goodbye federal vaccine mandate!). As employers struggle to keep up, they are confronted with the...more

Tonkon Torp LLP

The State of Masking Requirements in Oregon

Tonkon Torp LLP on

In a shifting landscape of federal and state rules, mandates, and legal challenges to them, Oregon employers may be wondering whether face masks and related requirements are still in effect. Until at least February 2022,...more

Seyfarth Shaw LLP

Policy Matters Newsletter - December 2021 # 2

Seyfarth Shaw LLP on

Build Back…Sometime? Despite Senate Majority Leader Chuck Schumer’s repeated assurances that the Build Back Better Act (BBBA) would pass the Senate before the holidays, many Democratic Senators have now conceded that BBBA...more

Ballard Spahr LLP

Federal Vaccine Mandates Maze Can Trap Unwary Employers

Ballard Spahr LLP on

Summary - The Biden Administration has announced vaccine mandates for certain federal contractors and subcontractors, employees of large, private employers, and certain health care workers, all of which are slated to take...more

Spilman Thomas & Battle, PLLC

Tips for Navigating the Accommodation Requests Associated with Pandemic-Related Stressors

Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families...more

Akin Gump Strauss Hauer & Feld LLP

OSHA Issues Emergency Temporary Standard for COVID-19 with Vaccinate-or-Test Mandate for Private Sector Employers with 100 or More...

Key Points - On November 4, 2021, OSHA issued an ETS requiring that all employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 by January 4, 2022, or tested weekly. By December...more

Benesch

OSHA’s Emergency Temporary Standard is here: Private Employers with at least 100 employees now subject to vaccine or testing...

Benesch on

As President Biden previewed in a September speech, many employers with 100 or more employees will be required to mandate COVID-19 vaccines or regular testing and masking for employees. Key details of the Emergency Temporary...more

Dentons

EEOC Update - What you should know about COVID-19 vaccinations

Dentons on

On October 13, 2021, the Equal Employment Opportunity Commission (EEOC) issued several updates to its Q&A relating to COVID-19 and vaccinations - What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more

Carlton Fields

COVID-19 Accommodation Trends Relating to Vaccination and Remote Work

Carlton Fields on

Introduction - The ongoing COVID-19 pandemic has altered the American workplace in countless ways, including with respect to workplace disability accommodation needs and issues. Since the start of the pandemic in early...more

Morgan Lewis

EEOC Issues Updated Guidance on Religious and Pregnancy Vaccine Accommodations

Morgan Lewis on

The US Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance, detailing its view of employer obligations under Title VII when evaluating religious objections to COVID-19 vaccination mandates....more

Manatt, Phelps & Phillips, LLP

Court Refuses to Halt Employer’s Mandatory Vaccination Policy

In one of the first cases involving a request for an injunction against a private employer’s vaccine mandate, a federal court refused to put a stop to the employer’s mandatory vaccination policy....more

Akerman LLP - HR Defense

Handling Requests for Religious Exemptions from Mandatory Vaccination Policies

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Employers implementing mandatory COVID-19 vaccine policies are facing an avalanche of requests for exemptions as religious accommodations, far more than for medical exemptions. ...more

McAfee & Taft

COVID vaccines: When is an employee’s vaccination status HIPAA-protected?

McAfee & Taft on

Whether an employee’s vaccination status is protected by HIPAA has been (or should be) on the minds of all human resources personnel as of late. This is especially true in the wake of the U.S. Department of Labor’s...more

Seyfarth Shaw LLP

Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

Seyfarth Shaw LLP on

Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 16

Vaccine mandates and return-to-work scenarios seem to be the hot topics of the day, and with all hot topics, along comes litigation. Along with litigation, comes serious discussions by employers and organizations about how...more

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