News & Analysis as of

Screening Procedures New Guidance

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

CFPB Issues Guidance With Aggressive Interpretation of FCRA Applicability to Employee Monitoring and Screening Tools

The Consumer Financial Protection Bureau (CFPB) recently issued guidance that takes an aggressive position regarding the scope of the Fair Credit Reporting Act (FCRA) as covering certain employee monitoring and assessment...more

Venable LLP

On Notice: BIS Issues Guidance on Agency Mechanisms for Identifying and Informing U.S. Entities of Export Diversion Risks

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Typically, the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce administers export controls on end users by designating those persons on one of its public screening lists—e.g., the Unverified List,...more

Troutman Pepper Locke

HUD Issues Guidance on Applicability of the Fair Housing Act to Tenant Screening and Housing-Related Advertising That Relies Upon...

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On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and...more

White & Case LLP

France issues new guidelines on the screening of foreign direct investments: an example to be followed in other EU Member States

White & Case LLP on

In September, the French Directorate-General of the Treasury published new guidelines on the screening of foreign direct investments (FDI) in France (the "Guidelines"). Highly anticipated, the Guidelines were issued following...more

Littler

New York Department of Health Revises Health Screening Requirements for Home Care Workers

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On August 2, 2022, the New York State Department of Health (the “Department”) issued revised guidance regarding daily health screenings and related policies for home care staff. Specifically, the new guidance reduces the...more

Littler

Updated CDC COVID-19 Guidance Eliminates Precautionary Quarantine, Focuses on Boosters, Masking, and Testing

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On August 11, 2022, the Centers for Disease Control and Prevention issued a new Summary of Guidance for Minimizing the Impact of COVID-19 on Individual Persons, Communities, and Health Care Systems.  Observing that increasing...more

Robinson+Cole Environmental Law +

The EEOC Releases New COVID-19 Guidance – What Employers Should Know

Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission...more

Dentons

Factors Employers Should Consider as the EEOC Revises COVID-19 Testing Guidance

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COVID-19 is here to stay – it’s a matter of learning to live with it.  As employers learn to operate with the reality of COVID in the workplace, the EEOC has updated its guidance on when employers can and cannot implement...more

Polsinelli

EEOC Revises COVID-19 Testing Guidance for Employers

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On July 12, 2022, the EEOC revised its informal guidance regarding COVID-19 and related matters in the workplace. In doing so, the EEOC made several revisions concerning employer testing protocols, items to consider for...more

Pullman & Comley - Labor, Employment and...

EEOC Places Further Limits on When an Employer May Require an Employee to Undergo Testing for COVID-19

On July 12, 2022, the federal Equal Employment Opportunity Commission (EEOC) quietly updated its Q&A instructing employers as to when they may require an employee to undergo COVID-19 viral testing (i.e., a test, such as an...more

Steptoe & Johnson PLLC

EEOC Reinforces the ‘Business Necessity’ Test for On-Site COVID-19 Screenings

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At the start of the COVID-19 pandemic, many employers relied heavily on the constantly changing guidance from the Equal Employment Opportunity Commission (EEOC) in its Technical Assistance Questions and Answers relating to...more

Littler

EEOC Updates COVID-19 Guidance, Potentially Limiting Employers’ Ability to Screen Employees for COVID-19

Littler on

On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety.  The agency’s update...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

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As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Littler

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Considerations

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On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and...more

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

California’s Draft Regulations Spotlight Artificial Intelligence Tools’ Potential to Lead to Discrimination Claims

California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more

Arnall Golden Gregory LLP

CMS Clarifies Vaccine Mandate Survey Guidance

With all states now past the Phase 2 deadline established by the Centers for Medicare and Medicaid Services (“CMS”) with respect to the vaccine mandate for staff of Medicare and Medicaid certified health facilities, the...more

FordHarrison

DOL Issues Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations

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Note: On January 24, 2022, the DOL removed Fact Sheet #84 from its website. For more information please see our follow-up Alert.  The U.S. Department of Labor (DOL) has issued Fact Sheet #84 addressing the compensability...more

FordHarrison

UPDATE: Withdrawal of DOL Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and...

FordHarrison on

The U.S. Department of Labor (DOL) on January 24, 2022 removed, without explanation, from its website Fact Sheet #84 addressing the compensability of time spent undergoing COVID-19 health screenings, testing, and vaccinations...more

CDF Labor Law LLP

Cal-OSHA Issues A New Set Of Proposed Revisions To The ETS

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Last week, on October 20, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued proposed revisions to the Emergency Temporary Standards (“ETS”).  If approved, the revisions would be in place from January...more

Franczek P.C.

ISBE and IDPH Update COVID-19 School Guidance

Franczek P.C. on

New Guidance Documents: - The Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) recently issued the following updated guidance documents related to return to in-person instruction...more

Akerman LLP - HR Defense

OSHA Encourages Employers to Mandate Vaccines or Regular Testing

The Occupational Safety and Health Administration (OSHA) has recommended employers either require vaccination or regular COVID testing, in addition to mask wearing and physical distancing in updated guidance issued on August...more

CDF Labor Law LLP

California Mandates COVID-19 Vaccinations/Testing For Healthcare and State Employees 

CDF Labor Law LLP on

As concerns mount over the highly contagious Delta variant and the recent uptick in the number of COVID-19 cases and hospitalizations, on July 26, 2021, Governor Newsom ordered California state workers, healthcare workers and...more

Perkins Coie

OSHA Issues COVID-19 ETS for Healthcare Settings

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The Occupational Safety and Health Administration (OSHA) issued the COVID-19 Healthcare Emergency Temporary Standards (ETS) on June 10, 2021. The ETS applies to workplace settings where professional healthcare...more

Benesch

Can Employers Mandate the COVID-19 Vaccine? (Updated to incorporate EEOC guidance)

Benesch on

Since this article was originally published, the EEOC issued guidance on December 16, 2020 specific to the use of the COVID-19 vaccine in the workplace. The EEOC’s guidance was consistent with our original article. However,...more

Butler Snow LLP

EEOC Guidance on Mandatory COVID-19 Vaccine Policies

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As the first trucks of COVID-19 vaccines start their way around the United States, many employers are eager to return to work. The first reaction many employers have to news of FDA approvals for COVID-19 vaccines is whether...more

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