On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance to affirm that workers who contract COVID-19 can be protected from discrimination under the Americans with Disabilities Act (ADA). Depending on an individual employee’s specific circumstances,
Latest from Coronavirus (COVID-19): Guidance for Businesses - Page 3
California Reinstitutes Mask Mandate
On December 13, 2021, the California Department of Health (CPDH) reinstituted a statewide mask mandate. From December 15, 2021 through at least January 15, 2022, all individuals will be required to wear masks in indoor public settings. The mandate applies
Sixth Circuit Rejects Request to Expedite Briefing to Dissolve Injunction of Vaccine Emergency Temporary Standard
On December 3, 2021, the U.S. Court of Appeals for the Sixth Circuit rejected, without analysis, the Biden administration’s request to expedite the briefing schedule on the issue of whether to dissolve an injunction from the U.S. Court of Appeals
Vaccine Mandate for Federal Contractors Blocked by Federal Court in Kentucky
On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction blocking the federal government from moving forward with the COVID-19 protocols for federal contractors issued by the Safer Federal Workforce Task Force
Sixth Circuit to Hear Challenges to OSHA’s New Emergency Temporary Standard
On November 16, 2021, the U.S. Judicial Panel on Multidistrict Litigation randomly assigned the U.S. Court of Appeals for the Sixth Circuit to hear legal challenges to the vaccine emergency temporary standard (ETS) issued by the Occupational Safety and Health
Fifth Circuit Stays OSHA’s New Emergency Temporary Standard
On November 12, 2021, a panel of the Fifth Circuit Court of Appeals issued a 22-page order reaffirming the initial stay of a vaccine emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). The ETS, affecting
Mandatory Vaccine Update For Employers with 100 or More Employees
On November 6, 2021, in a per curiam opinion, a Fifth Circuit Court of Appeal panel temporarily enjoined the new Occupational Health and Safety Administration’s vaccine Emergency Temporary Standard (“ETS”) for employers with 100 or more employees. A copy of
OSHA’s COVID-19 Vaccination and Testing ETS: What Employers Must Know
The Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees at any time to mandate vaccination and/or weekly COVID-19 testing (the “vaccination/testing
EEOC Updates COVID-19 Technical Guidance to Address Religious Objections to COVID-19 Vaccine Mandates
Since the Food and Drug Administration (FDA) approved use of three COVID-19 vaccines under emergency use authorizations in April 2021, many public and private employers have announced and/or implemented mandatory vaccination policies. In addition, on September 9, 2021, President Biden
OSHA Vaccination ETS Moving Forward
The Labor Department’s Occupational Safety and Health Administration (OSHA) has taken steps to move forward with President Biden’s plan to require private-sector workers to be vaccinated against COVID-19 or be regularly tested. OSHA submitted the initial text of the proposed