On November 17, 2021, the EEOC updated its COVID-19 technical assistance to include a section covering retaliation. This guidance mostly recaps existing retaliation protections, but it does provide some helpful examples of retaliation springing from the COVID-19 context. Retaliation is consistently one of the most frequently pled claims with the EEOC and corresponding state antidiscrimination… Continue reading EEOC’s Updated COVID-19 Technical Assistance Addresses Retaliation
Tag: COVID
Vaccine Mandates: Where are we now?
On January 25, the Occupational Safety and Health Administration (“OSHA”) announced that it was withdrawing its Emergency Temporary Standard (“ETS”), which required that employers with 100 or more employees require their employees to be vaccinated or undergo weekly testing for COVID-19. OSHA’s retreat followed a ruling from the U.S. Supreme Court that sent the case… Continue reading Vaccine Mandates: Where are we now?
Supreme Court Green Lights Vaccine Mandate for CMS; Stalls OSHA
Today the U.S. Supreme Court issued two rulings related to the Biden Administration’s vaccine mandates for employees of certain businesses. First, the Court blocked OSHA’s implementation of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) for large businesses and sent the matter to the Sixth Circuit Court of Appeals to reach a decision on… Continue reading Supreme Court Green Lights Vaccine Mandate for CMS; Stalls OSHA
Side Effects From OSHA’s Withdrawal of COVID-19 Healthcare ETS
Earlier this week OSHA announced its plans to withdraw the substantive aspects of the COVID-19 Healthcare Emergency Temporary Standard (ETS) that was published back in June. This withdrawal will become effective when notice is published in the Federal Register, which we expect to occur within the next week. While the ETS will be officially withdrawn,… Continue reading Side Effects From OSHA’s Withdrawal of COVID-19 Healthcare ETS
OSHA Vaccine-or-Test Mandate for Large Employers Active Again
On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay previously issued by the U.S. Court of Appeals for the Fifth Circuit blocking Occupational Safety and Health Administration (“OSHA”) from implementing and enforcing its Emergency Temporary Standard (“ETS”) that directs employers with 100 or more employees to mandate… Continue reading OSHA Vaccine-or-Test Mandate for Large Employers Active Again
Court Temporarily Halts Federal Contractor Vaccine Mandate Nationwide
On Tuesday, December 7, 2021, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction halting the enforcement of the COVID-19 vaccine mandate for federal contractors and subcontractors in all covered contracts nationwide. Though the lawsuit only included Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia, the court issued… Continue reading Court Temporarily Halts Federal Contractor Vaccine Mandate Nationwide
Court Temporarily Blocks CMS Omnibus COVID-19 Healthcare Staff Vaccination Requirements in Kansas, Missouri, and 8 Other States
On Monday, Nov. 29, the U.S. District Court for the Eastern District of Missouri issued a preliminary injunction halting the implementation and enforcement of the Centers for Medicare and Medicaid Services (“CMS”) Omnibus COVID-19 Healthcare Staff Vaccination Interim Final Rule in 10 states, including Kansas and Missouri. The preliminary injunction prohibits CMS from taking further… Continue reading Court Temporarily Blocks CMS Omnibus COVID-19 Healthcare Staff Vaccination Requirements in Kansas, Missouri, and 8 Other States
Kansas Gov. Kelly Signs Bill Banning Firing Employees Seeking Waivers From Mandatory Vaccine Requirements
Kansas Gov. Laura Kelly signed a bill on Nov. 23 that prohibits employers from firing employees who submit a written waiver request to an employer’s mandatory COVID-19 vaccine requirement. The main features of the new law are (1) a prohibition on employers questioning the sincerity of an employee’s waiver request based on sincerely held religious… Continue reading Kansas Gov. Kelly Signs Bill Banning Firing Employees Seeking Waivers From Mandatory Vaccine Requirements
Fifth Circuit Continues Stay of OSHA ETS for Large Employers
On Saturday, November 14, 2021, the U.S. Court of Appeals for the Fifth Circuit issued a ruling to continue its temporary stay blocking the implementation of the Occupational Safety and Health Administration’s Emergency Temporary Standard (“OSHA ETS”), which directs certain private employers with 100 or more employees to mandate COVID-19 vaccinations or weekly testing. A… Continue reading Fifth Circuit Continues Stay of OSHA ETS for Large Employers
Court Stays OSHA Emergency Temporary Standard for Large Employers
On Saturday, November 6, a federal appeals court issued an order temporarily staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (“ETS”), which directs certain private employers with 100 or more employees to mandate COVID-19 vaccinations or weekly testing. The U.S. Court of Appeals for the Fifth Circuit, stating that the lawsuit may implicate… Continue reading Court Stays OSHA Emergency Temporary Standard for Large Employers
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