News & Analysis as of September 21, 2024

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination Program

Genova Burns LLC on 11/30/2020

We have seen recent articles speculating on whether employers can require their employees to take an FDA-approved COVID-19 vaccination as a condition of employment or continued employment. Here, without giving any legal...more

Can Employers Require that Employees Get the Flu Shot?

Akerman LLP - HR Defense on 10/21/2020

Flu season is upon us. Can employers require a flu shot? More importantly, should they? The Centers for Disease Control and Prevention (CDC) emphasizes that getting a flu vaccine this year is “more important than ever...more

Employers Must Consider Accommodating Workers' Religious Objections to Flu Vaccination

FordHarrison on 5/10/2019

Recent actions by the Equal Employment Opportunity Commission (EEOC) emphasize employers’ obligations under Title VII of the 1964 Civil Rights Act to accommodate workers’ religious objections to receiving a flu vaccination. ...more

Saint Thomas Health to Pay $75,000 to Settle EEOC Religious Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 4/19/2019

Hospital Demanded Employee Take Flu Shot Despite His Religious Beliefs, Federal Agency Charged - NASHVILLE, Tenn. - Saint Thomas Health (STH), operating Saint Thomas Rutherford Hospital in Murfreesboro, Tenn., will pay...more

EEOC Litigation Persists Against Hospitals With Mandatory Flu Vaccine Programs

Steptoe & Johnson PLLC on 12/6/2018

The annual flu season is upon us, and once again, employers with mandatory flu vaccine programs are wrestling with the prospect of complex employment litigation. The Centers for Disease Control and Prevention (“CDC”)...more

Flu season is back: Can you require employees to get a shot?

Butler Snow LLP on 11/5/2018

It’s that time of year again, with many employers offering free flu shots to employees in hopes of reducing flu-related absences and resulting productivity decreases in the months ahead. Most often, a flu shot is offered as a...more

Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?

Littler on 9/21/2018

Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is...more

“Vaccinate” Your Mandatory Flu Shot Policies Against Litigation

Jackson Lewis P.C. on 4/4/2018

As we have just survived one of the worst flu seasons in recent memory, now is a good time to consider whether you should implement or revise a mandatory flu shot policy for 2018. The Center for Disease Control and...more

North Carolina Hospital Settles Religious Discrimination Claims Over Flu Vaccine Policy

Womble Bond Dickinson on 3/15/2018

Many healthcare providers in North Carolina have instituted policies requiring their employees who have patient contact to receive the flu vaccine each year. Such policies will typically include a process by which an employee...more

Forcing The Flu Shot? DOJ Sues Over Flu Policy That Requires A Note From The Clergy

Seyfarth Shaw LLP on 3/15/2018

Seyfarth Synopsis: The Department of Justice filed a lawsuit on behalf of a nursing home employee alleging she was forced to receive a flu shot to keep her job when she could not provide a note from a clergy member in support...more

Employer Policies Involving The Flu Vaccine And Discrimination Under Title VII

Haynsworth Sinkler Boyd, P.A. on 3/8/2018

According to the Centers for Disease Control (“CDC”), the United States experiences a flu season each year. With this year’s flu season considered one of the worst since the 2009-2010 pandemic, many employers wish to...more

No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot

Seyfarth Shaw LLP on 1/4/2018

Seyfarth Synopsis: Mandatory vaccines and flu shots present challenges to employers attempting to accommodate the sincerely held religious beliefs of employees. In this case, a hospital worker claimed that he was terminated...more

Did You Get the Shot? Religious Exemptions to Employer Mandated Flu Vaccinations

Spilman Thomas & Battle, PLLC on 12/21/2017

The last months of the year are marked by holidays, family, snow days -- and influenza, commonly known as the flu. For the 2017-2018 flu season, the Center for Disease Control ("CDC") recommends adults receive an injectable...more

Mandatory Flu Vaccination Policies: Time for a Check-Up

Akerman LLP - HR Defense on 9/26/2017

After a measles outbreak at Disneyland spread to 134 Californians and residents in six other states and two other countries, California adopted a law removing “personal belief” exemptions from vaccinating children in public...more

Mandatory Flu Vaccinations? Immunize Yourself Against Religious Discrimination Claims

Foley & Lardner LLP on 1/28/2017

You are an HR generalist at a 300-bed community hospital. Your boss has instructed you to make sure that all personnel files document that the employee received the hospital’s annual mandatory flu vaccination. However, you...more

EEOC Continues its “Fight” Against Mandatory Flu Vaccines

Kelley Drye & Warren LLP on 9/28/2016

Following up on a post from last week on the issue of mandatory flu vaccine policies, the EEOC seems to be on a march to challenge any employer – particularly hospitals – that denies an employee a requested exemption from a...more

‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?

Kelley Drye & Warren LLP on 9/15/2016

Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine. Many health care facilities have implemented policies which...more

The Side Effects of Mandatory Flu Vaccine Policies

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/25/2013

Given the severity of the influenza outbreak this season, employers are dealing with worse than normal staffing and leave issues. One solution, aimed at cutting down on employee absences during flu season, is to require all...more

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