Intersection of ADA, COVID-19 Requires Creative Reopening Policies, EEOC Official Says

The EEOC has received hundreds of charges involving both COVID-19 vaccination and the ADA, according to Evangeline Hawthorne, the agency’s Tampa field office director. The U.S. Equal Employment Opportunity Commission has received thousands of charges related to COVID-19 since the pandemic began. As of December 2021, more than 2,700 charges were related to COVID-19 vaccines,…

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Employers Weigh Whether to Rescind Vaccination Policies

Now that the vaccine-or-testing emergency temporary standard (ETS) from the Occupational Safety and Health Administration (OSHA) has been withdrawn, employers that have instituted mandatory vaccination or vaccine-or-testing policies are deciding whether to stay the course or backtrack. The U.S. Supreme Court recently blocked OSHA’s vaccine-or-testing rule, an ETS that applied to employers with at least 100…

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7 trends likely to shape HR in 2022

From the Great Resignation to vaccine mandate confusion, last year was a wild ride for HR. Some things may not have cleared up much — like when the pandemic will end or when the labor market will stabilize — but current predictions build on the learnings from the last 12 months. Nearly two years into…

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States Limit Employer Power to Require the Jab

With OSHA’s COVID-vaccination mandate now stayed (almost certainly forever), and the vaccination mandate for government contractors also stayed (probably forever), U.S. employers must decide whether to impose their own COVID vaccination mandates on employees. And state laws will have something to say about that. The chart below summarizes current state laws that restrict a private sector…

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Assessing Compliance Obligations with the OSHA COVID-19 Vaccine/Testing ETS After the Sixth Circuit Reinstated the Standard

On Dec. 17, the Sixth Circuit Court of Appeals dissolved a stay from the Fifth Circuit Court of Appeals and reinstated OSHA’s COVID-19 Emergency Temporary Standard (ETS) for vaccines and testing. Essentially, the Court agreed with the Department of Labor that it had authority to issue the ETS and that the circumstances warranted an emergency…

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EEOC Clarifies When COVID-19 May Be an ADA-Covered Disability

An employee’s or job applicant’s COVID-19-related impairment may qualify as a disability under the Americans with Disabilities Act (ADA) even if the worker’s initial COVID-19 illness was not covered, according to updated guidance from the U.S. Equal Employment Opportunity Commission (EEOC). A worker’s COVID-19 illness will not be considered an ADA disability if the worker…

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Federal Court Puts OSHA’s Emergency COVID Vaccination Mandates on Hold, But Private Employers Must Still Consider Next Steps

What You Should Know OSHA issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate COVID-19 vaccinations or regular testing for employees that do not choose to vaccinate. The Fifth Circuit Court of Appeals rendered the ETS unenforceable by issuing a temporary stay, which it subsequently reaffirmed and which OSHA…

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OSHA Issues COVID-19 Workplace Vaccine-or-Testing Mandate

The Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standard requiring businesses with at least 100 employees to mandate that their employees get vaccinated against the coronavirus or wear a mask and test for COVID-19 on at least a weekly basis. Additionally, the White House announced the following details: All unvaccinated workers must…

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4 Steps for Handling Religious Objections to Workplace Vaccine Mandates

Employers generally must explore reasonable accommodations for employees who refuse to get vaccinated against the coronavirus based on a sincerely held religious belief—but objections based on personal or political views are not protected under federal anti-discrimination laws. Many employers who implemented vaccine mandates have faced a tidal wave of requests for religious exemptions, according to…

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