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emergency temporary standard (ETS) from the Occupational Safety and Health Administration (OSHA) has been withdrawn, employers that have instituted mandatory vaccination or vaccine-or-testing policies are deciding whether to stay the course or backtrack.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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Ordering All Employees Back to Work? Not So Fast, Says the EEOC

As vaccination rates increase and the COVID-19 pandemic (hopefully) subsides, many employers have instructed their employees to return to in-person work. But is that the right call for all employees? In one recent case, the U.S. Equal Employment Opportunity Commission (EEOC) has said no. Factual Background On September 7, 2021, the EEOC filed suit in…

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FDA Approval of Pfizer-BioNTech Vaccine Provides Cover for Employer Mandates

In a milestone for the public health response to the ongoing pandemic, regulators from the U.S. Food and Drug Administration issued Monday full approval of the first COVID-19 vaccine. The two-dose mRNA vaccine produced by Pfizer and BioNTech has been available to individuals 16 years of age and older under the FDA’s emergency use authorization since…

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Employees Working from Home – How Should Company’s React?

With the country reopening due to the lessening of COVID-related restrictions, companies and employees are returning to a new “normal.” Remote working has become a recruiting tool for some companies. For other companies which have required employees to return to the office, the failure to continue to allow some form of remote working (“hybrid model”)…

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It’s Time Again for Employers to Ensure Handbook Compliance

It is early in 2021 and already the NLRB has before it ALJ determinations that employee handbook policies conflict with the NLRA. When analyzing employee handbook policies, the Board generally applies the Boeing test, whereby a handbook policy’s potential interference with employee rights under the NLRA is balanced against an employer’s legitimate justifications for the policy, when…

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