News & Analysis as of

Workplace Safety Title VII Coronavirus/COVID-19

Seyfarth Shaw LLP

Finding Religion on a Motion to Dismiss: Federal Court Concludes that Plaintiff’s Secular Concerns About COVID Vaccines Do Not...

Seyfarth Shaw LLP on

In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff’s allegations of religious conflict with...more

Parker Poe Adams & Bernstein LLP

Mandatory COVID Testing Did Not Violate Employee's Religious Beliefs

Lawsuits challenging employers' authority to require measures intended to prevent COVID-19 infections continue to wend their way through the federal judiciary. Last month, the Seventh Circuit Court of Appeals rejected a claim...more

Mitratech Holdings, Inc

Criminal Background Check FAQs Answered

Are you considering hiring a new employee? For workplace safety, having all the necessary information about someone before making important decisions is essential. That’s where criminal background checks come into play. By...more

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

Federal Courts in Wisconsin and Kentucky Issue Decisions in Favor of Employers Facing COVID-19–Related Legal Issues

In September 2023, federal trial courts in Wisconsin and Kentucky issued decisions dismissing plaintiffs’ claims related to employers’ COVID-19 vaccination and testing requirements....more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

McAfee & Taft

EEOC revises COVID-19 guidance following end of public health emergency

McAfee & Taft on

The Public Health Emergency that was the COVID-19 pandemic came to an end on May 11, 2023.  Four days later, the EEOC updated its COVID-19 Technical Assistance for about the twentieth time....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

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

Seyfarth Shaw LLP

In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other...more

Miller Nash LLP

Accommodating Religious Beliefs in a ‘Post-pandemic’ Workplace

Miller Nash LLP on

It should be no surprise that the novel coronavirus disease (COVID-19) pandemic has had a tremendous impact on today’s employees’ thoughts on life, work, and workplace rules. A recent Harvard Business Review article describes...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

Foley & Lardner LLP

Religious Accommodation Challenges to COVID-19 Vaccination Policies — Lessons for Employers from Preliminary Court Decisions

Foley & Lardner LLP on

Whether to protect the health and safety of their workplaces, to comply with governmental requirements when applicable, or a combination of the two, many employers have adopted mandatory COVID-19 vaccination policies. Faced...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

Jackson Lewis P.C.

OSHA Withdraws Vaccine-Or-Test Emergency Temporary Standard for COVID-19

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees...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

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

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

ArentFox Schiff

EEOC Addresses Retaliation in Updated COVID-19 Technical Assistance 

ArentFox Schiff on

Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations. The update explains and clarifies the...more

Stokes Wagner

Florida Passes Law Restricting Private Business Vaccine Mandates

Stokes Wagner on

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

U.S. Equal Employment Opportunity Commission...

EEOC Updates Covid-19 Technical Assistance to Cover Retaliation

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today to include more information about employer retaliation in pandemic-related employment situations. The...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

Ballard Spahr LLP

Federal Vaccine Mandates Maze Can Trap Unwary Employers

Ballard Spahr LLP on

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

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

Dentons

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

Dentons on

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

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