There is no clear guidance on whether employers may treat vaccinated and unvaccinated employees differently. Employers considering changes to their policies that would treat employees differently based on vaccination status, should discuss their particular circumstances with legal counsel. Consulting legal counsel is also important because each work environment may have different factors and unique circumstances to consider when evaluating how to maintain a safe and healthy workplace for employees. Some of the issues to be considered in an employer’s analysis include ... Read More
On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) released its much-awaited guidance on the COVID-19 vaccine in the workplace. (See section “K. Vaccinations” at this link (for the full guidance.) This guidance provides crucial information to employers who have been weighing whether, and how, to require or implement the COVID-19 vaccines in the workplace.
As with other moments during the COVID-19 pandemic, employers will need to be nimble in their response to current events, changing circumstances, and evolving scientific and legal guidance. For ... Read More
On April 9, the Equal Employment Opportunity Commission (EEOC) posted additional, updated guidance for employers regarding COVID-19, the ADA, and other EEO laws, and consolidated all its COVID-19 related advice here.
It reiterates why each of the following employer actions are permissible under the current circumstances and reminds employers of important considerations if they are doing any of these:
- Asking employees about symptoms of COVID-19
- Taking body temperature of employees
- Requiring employees with COVID-19 symptoms to stay home
- Requiring doctors' notes ...
U.S. employers recognize that COVID-19 (commonly referred to as the coronavirus) presents a potential hazard to the well-being of their employees, and many have already taken practical steps to reduce the risk of transmitting the disease in the workplace. All employers are encouraged to review guidelines recently published by the Centers for Disease Control and Prevention (CDC) (available here) for employer-specific strategies to combat the coronavirus.
While physically preparing workplaces and instructing employees about best practices is vitally important, employers ... Read More
- Discrimination Against Caregivers: New Guidance from the EEOC
- Pick Your Backlash: Deciding on a COVID-19 Vaccination Policy Means Backlash for Employers, Regardless of the Policy They Implement
- Vaccine or Test For Large Employers on Hold Again, But Medicare and Medicaid Facilities Must Ensure Covered Staff Are Vaccinated
- Mandatory Vaccination or Testing Is Back: Updates on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard for Private Employers with 100 or more Employees
- OSHA Issues New COVID-19 Vaccination and Testing Emergency Temporary Standard for Private Employers with more than 100 Employees
- President Biden’s “Path out of the Pandemic” Imposes New Vaccination Requirements
- Updated CDC Masking Guidance; North Carolina Employers Strongly Encouraged to Implement COVID-19 Vaccination, Testing, and Mask Policies
- OSHA’s New Emergency Temporary Standard to Protect Healthcare Workers
- North Carolina Governor Extends Certain COVID-19 Measures
- New from OSHA on COVID-19: A COVID-19 Emergency Temporary Standard for Healthcare and Revised Guidance for All Other Employers