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EEOC Issues Expanded Guidance on Religious Objections to COVID-19 Vaccine Mandates
/in COVID-19By Curtis Greenwood and Mark Wiletsky
On October 25, 2021, the US Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance related to the COVID-19 pandemic by addressing questions regarding vaccine mandates and religious accommodations at a time when COVID-19 vaccination mandates are becoming more widespread. This expanded technical assistance provides important information for employers, employees, and applicants when navigating vaccine-related religious accommodation requests.
The EEOC enforces Title VII of the Civil Rights Act of 1964 (“Title VII”), which prohibits employment discrimination based on religion. Title VII provides a right for applicants and employees to request religious accommodation from employer requirements that conflict with their sincerely held religious beliefs, practices, or observances. If an employer can show that a religious accommodation would cause an undue hardship on its operations, the employer is not required to grant the accommodation. Read more
Employee Vaccine Information: Privacy Concerns
/in COVID-19, HIPAABy Kim Stanger
Given the COVID-19 vaccine mandates, employers—including healthcare entities—will need to confirm their employees’ vaccination status. Employers and healthcare providers must ensure they comply with privacy rules relating to employee vaccination information, including those imposed by the Health Insurance Portability and Accountability Act (HIPAA) and Americans with Disabilities Act (ADA). Read more
Vaccine Mandate for Healthcare Providers
/in COVID-19, ProvidersBy Kim Stanger
On September 9, 2021, President Biden announced that the federal vaccine mandate for nursing facilities will be extended to most other healthcare workers. Unfortunately, the announcement raised more questions than it answered. Here is what we do and do not know so far; we may have to wait for the October regulations to learn the specifics. This article supplements our September 10 client alert “Vaccine Mandates Q&A” and focuses on the mandate applicable to healthcare workers. Read more
FDA Fully Approves Pfizer-BioNTech COVID-19 Vaccine: Implications for Employers
/in COVID-19Yesterday, the U.S. Food and Drug Administration (FDA) granted “full approval” to the Pfizer-BioNTech COVID-19 vaccine for individuals 16 years of age and older. In other words, the Pfizer-BioNTech vaccine (which will now be marketed as “Comirnaty”) has received the top level of clearance a medical drug can possibly obtain from the U.S. government. Many employers and healthcare providers are now wondering how this latest news affects them, particularly with regards to vaccination mandates. Read more
OSHA’S New ETS: Are Public Hospitals Covered?
/in OSHABy Robert Ayers
OSHA’s new healthcare emergency temporary standard (ETS) does not specifically exclude state and local healthcare systems, such as county hospitals. However, pursuant to Section 3(5) of the OSH Act, “any State or political subdivision of a State” is not an “employer” for purposes of the Act, and is therefore excluded from its coverage, including standards promulgated thereunder. 29 U.S.C. § 652(5); StarTran, Inc. v. OSHRC, 608 F.3d 312, 313-314 (5th Cir. 2010). Read more