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
Employers are amending their vaccine policies in the wake of US Supreme Court opinions. Michelle Strowhiro, Sandra DiVarco and Abigail Kagan discuss the three vaccine rules at play - OSHA Emergency Temporary Standard (ETS),...more
On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose...more
On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary:
A 5-4 Court majority let the Centers for Medicare &...more
The courts continue to move the vaccine mandate goalposts on employers as dozens of legal challenges work their way through the courts. The latest developments are major game changers for employers. As of the publishing of...more
On December 13, 2021, New York City’s Commissioner of the New York City Department of Health and Mental Hygiene (DOHMH), Dr. Dave A. Chokshi, published an order (the Order) requiring private employers to impose COVID-19...more
12/17/2021
/ City of New York ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement Actions ,
Exemptions ,
Masks ,
Regulatory Mandates ,
Vaccinations
UPDATE:
On December 7, 2021, the US District Court for the Southern District of Georgia issued a nationwide injunction that blocks the federal government from enforcing the federal contractor and subcontractor vaccine...more
On December 6, 2021, New York City Mayor Bill de Blasio announced that all New York City employers, regardless of size, will be required to impose COVID-19 vaccination mandates on all employees (subject to legally protected...more
On November 4, 2021, the US Occupational Safety and Health Administration (OSHA) unveiled its Emergency Temporary Standard (ETS) to protect employees of large employers in all industries from COVID-19. The Centers for...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Final Rules ,
Health Care Providers ,
Healthcare Workers ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 28, 2021, several details were released regarding the US Occupational Safety and Health Administration’s (OSHA) highly anticipated emergency temporary standard (ETS), also known as the “vax-or-test rule.” The ETS,...more
On September 24, 2021, the Safer Federal Workforce Task Force (the Task Force) issued its initial guidance (the Guidance) for federal contractor COVID-19 safety mandates. The Guidance was issued pursuant to US President Joe...more
9/28/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Masks ,
Remote Working ,
Reporting Requirements ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 9, 2021, US President Joe Biden announced a multipronged plan to increase the number of Americans who are vaccinated for COVID-19. In the plan, titled “Path Out of the Pandemic: President Biden’s COVID-19 Action...more
9/27/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Branch ,
Executive Orders ,
Federal Contractors ,
Healthcare Facilities ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing
Can an employer mandate or incentivize a COVID-19 vaccination? If so, what exceptions or exclusions apply? As COVID-19 vaccines have become increasingly available in the United States, and with new Centers for Disease Control...more
6/8/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
As of May 16, 2021, 37.1% of the US population are fully vaccinated, with 47.4% reported to have at least one vaccination dose, according to the Centers for Disease Control and Prevention (CDC). As the vaccinated population...more
5/18/2021
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Masks ,
New Guidance ,
Policies and Procedures ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
On April 20, 2021, the Occupational Safety and Health Administration (OSHA) released three new FAQs for employers who recommend or require employees to receive COVID-19 vaccines. OSHA is responsible for enforcing workplace...more
Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions.
A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Human Resources Professionals ,
Policies and Procedures ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Wrongful Termination
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). The EEOC is...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Documentation ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Exceptions ,
GINA ,
New Guidance ,
Proof of Use ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations