News & Analysis as of

Employer Liability Issues Title VII Vaccinations

Sheppard Mullin Richter & Hampton LLP

Vax On: Fourth Circuit Reinstates Plaintiff’s Religious Bias Suit in COVID Vaccine Mandate Case

On January 7, the United States Court of Appeals for the Fourth Circuit reversed and remanded a district court’s dismissal of a plaintiff’s Title VII religious bias suit—holding the case was sufficient to survive a motion to...more

Seyfarth Shaw LLP

Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19...

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Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more

Constangy, Brooks, Smith & Prophete, LLP

Chutzpah and the shifting defenses to requests for religious accommodation

Chutzpah is a Yiddish word derived from the Aramaic ḥuṣpāh. It means impudence, gall, and an audacious disregard for rules. In the world of employment law, it can aptly describe employees who try to get what they want...more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

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On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

Dinsmore & Shohl LLP on

Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Epstein Becker & Green

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

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This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more

Nelson Mullins Riley & Scarborough LLP

Update on COVID-19 Vaccination Accommodations Under Title VII

Earlier this year, the United States Supreme Court in Biden v. Missouri, 595 U. S. ____ (2022) provided clarity for hospitals and healthcare facilities when it preliminarily upheld a vaccine mandate for health care workers...more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

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As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

Proskauer Rose LLP

Defending Against Title VII Religious Objections to COVID Vax

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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

Fisher Phillips

Top 7 Takeaways from EEOC’s COVID-19 and Vaccine Webinar for Employers

Fisher Phillips on

Employers need to be especially on guard for the possibility that they may be hit with a vaccine-related EEOC charge, given than nearly half of all pandemic-related charges filed with the agency since December involve a...more

Bond Schoeneck & King PLLC

Updated Guidance on Religious Accommodations to COVID-19 Vaccine Mandates

On March 1, 2022, the EEOC updated its guidance on religious accommodations to COVID-19 vaccine mandates. While the guidance states that job applicants and employees have a right to request a religious accommodation from an...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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2022

This edition summarizes key employment law developments during the last quarter of 2021, including, among other COVID-19 vaccine mandates instituted around the globe, the Occupational Safety and Health Administration’s...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Stokes Wagner

Florida Passes Law Restricting Private Business Vaccine Mandates

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Following the legal challenges facing OSHA’s Emergency Temporary Standard mandating vaccinations, Florida passed legislation banning private employers from mandating COVID-19 vaccines unless several exemptions are offered to...more

Sheppard Mullin Richter & Hampton LLP

EEOC Publishes New Guidance Regarding Objections to COVID-19 Vaccines Based Upon Employee Religious Beliefs

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) expanded its prior guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to include recommendations for...more

Hogan Lovells

Second Circuit lifts injunction on NY health care vaccine mandate

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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

Ballard Spahr LLP

Federal Vaccine Mandates Maze Can Trap Unwary Employers

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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

Dentons

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

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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

Foley Hoag LLP

EEOC Updates Guidance on Religious Exemptions to Workplace Vaccine Requirements

Foley Hoag LLP on

On October 25, 2021, as more employers adopt workplace vaccination requirements for their employees, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning requiring COVID-19 vaccinations in...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

Harris Beach Murtha PLLC

Handling COVID-19 Vaccination Mandates: Federal Agencies Continue to Issue Guidance

Harris Beach Murtha PLLC on

In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance. The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human...more

Ballard Spahr LLP

EEOC Supplements Guidance on Religious Objections to Workplace Vaccine Mandates

Ballard Spahr LLP on

On Monday, as it has done periodically throughout the pandemic, the Equal Employment Opportunity Commission (“EEOC”) updated its now-lengthy technical assistance related to COVID-19. This new guidance comes as U.S. employers...more

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