News & Analysis as of

Reasonable Accommodation Coronavirus/COVID-19 Civil Rights Act

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Constangy, Brooks, Smith & Prophete, LLP

Religious Accommodations, Part Deux: Is the religious belief sincere?

In Part One of this two-part bulletin, we explored the expansive meaning of religious beliefs entitled to an accommodation under Title VII and the reluctance of courts to second guess whether a belief is “religious” in...more

TNG Consulting

Navigating Accommodations for Pregnancy & Related Conditions Post-COVID

TNG Consulting on

The October 2022 release of the Department of Education’s resource for students and schools on Discrimination Based on Pregnancy and Related Conditions reminds Title IX Coordinators of their responsibility to address all...more

Proskauer Rose LLP

Defending Against Title VII Religious Objections to COVID Vax

Proskauer Rose LLP on

Title VII of the Civil Rights Act prohibits employment discrimination based on religion and requires that employers provide reasonable accommodations for employees' sincerely held religious beliefs, practices and observances....more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of employment law: Religious accommodation

Second post in our series. NOTE FROM ROBIN: Last month, I posted the first in what will be a series of very basic explanations of the federal laws that govern the workplace. I could not resist having religious...more

Cole Schotz

New EEOC Guidance Highlights Potential COVID-19 Caregiver Discrimination Claims

Cole Schotz on

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a new technical assistance document (the “Guidance”) addressing the interplay between existing federal employment discrimination principles...more

Bowditch & Dewey

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

Proskauer - Law and the Workplace

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more

Bowditch & Dewey

EEOC Issues Updated Guidance Regarding Religious Objections to COVID-19 Vaccine Requirements

Bowditch & Dewey on

The EEOC recently issued updated guidance regarding religious objections to COVID-19 vaccination requirements. This updated guidance, in the form of FAQs, addresses the circumstances under which employers may need to provide...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

Jackson Walker

Guidelines for Evaluating Claims for Religious Exemptions From Vaccine Mandates

Jackson Walker on

Although the Occupational Safety and Health Administration (OSHA) has withdrawn its COVID-19 Vaccination and Testing Emergency Temporary Standard following the Supreme Court’s stay of the requirement that employers with over...more

Foley & Lardner LLP

Michigan Federal Court Denies Employee’s Attempt to Stave off Termination for Failing to Receive COVID-19 Vaccine on Religious...

Foley & Lardner LLP on

A recent court decision bolstered the position of employers who take a strict position on enforcing COVID-19 vaccine mandates. Specifically, on January 3, 2022, the U.S. District Court for the Eastern District of Michigan...more

Cole Schotz

Vaccine Mandate Puts Enforcement on NYC Employers

Cole Schotz on

A universal vaccine mandate comes to New York employers courtesy of New York City’s Department of Health and Mental Hygiene. Compliance in Your Office- Effective this week, in accordance with the Commissioner of the New...more

Smith Gambrell Russell

Supreme Court Will Not Stop New York’s COVID-19 Vaccine Mandate For Health Care Workers

Smith Gambrell Russell on

In a pair of cases decided on Monday, December 13, 2021, the Supreme Court declined to grant emergency relief to a group of 17 unnamed doctors, nurses, and other health care workers seeking to stop New York’s coronavirus...more

Hinshaw & Culbertson - Employment Law...

Religious Exemptions to COVID-19 Vaccine Mandates Do Not Include Political, Social, Economic Beliefs, According to EEOC

On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS). It required employers of 100 or more employees to institute mandates requiring employees to be fully...more

Hogan Lovells

Second Circuit lifts injunction on NY health care vaccine mandate

Hogan Lovells on

On October 12, 2021, a court in the Northern District of New York preliminarily enjoined the New York State Department of Health’s (DOH) COVID-19 vaccination rule for healthcare employees to the extent it required employers...more

Holland & Hart - Health Law Blog

CMS Vaccine Mandate for Healthcare Workers: Resources for Preparing Your Policies

Under the Centers for Medicare & Medicaid Services (CMS)’s new vaccine mandate for healthcare workers, facilities must draft and implement policies and procedures by December 6, 2021 to ensure covered personnel are fully...more

Holland & Hart - Employers' Lawyers

Making Room for Vaccinated, Unvaccinated Employees Under Same Roof

Question: We aren’t sure we want to permit someone who isn’t vaccinated to work closely with us and are particularly concerned because the unvaccinated employee is sitting next to an enclosed area with a fully vaccinated...more

Rumberger | Kirk

Vaccine Mandates and Religious Exemptions: Why Employers are Confused

Rumberger | Kirk on

On January 20, 2021, President Biden issued Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing in which he ordered the heads of executive departments and Federal agencies to immediately take action...more

Manatt, Phelps & Phillips, LLP

EEOC Provides Updated Guidance on Religious Objections to Vaccine Mandates

The EEOC’s expanded technical assistance now addresses employers’ obligations to respond to and navigate vaccine-related religious accommodation requests pursuant to Title VII of the federal Civil Rights Act of 1964, which...more

Mintz - Employment Viewpoints

EEOC Updates Religious Accommodation and Vaccine Mandate Guidance

The EEOC has updated its technical guidance and answers in a document entitled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The updated guidance adds six religious...more

Holland & Hart - Health Law Blog

EEOC Issues Expanded Guidance on Religious Objections to COVID-19 Vaccine Mandates

On October 25, 2021, the US Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance related to the COVID-19 pandemic by addressing questions regarding vaccine mandates and religious...more

Cozen O'Connor

The EEOC’s Long-Awaited Religious Exemption Guidance

Cozen O'Connor on

On October 25, 2021, the EEOC released its latest update to its COVID-19-related technical assistance on a much-anticipated topic: religious exemption from COVID-19 vaccination. The EEOC has released guidance periodically...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

Pullman & Comley - Labor, Employment and...

Dealing with Religious Objections to Mandatory COVID-19 Vaccination Requirements: The EEOC Issues Clarifying Technical Assistance...

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued long-awaited technical assistance concerning employees’ religious objections to vaccine requirements in the workplace. ...more

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