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Given the significant impact that the pandemic has had on workplaces, and with the rollout of COVID-19 vaccines, many employers are considering whether to impose mandatory vaccination policies. Recently, the U.S. Equal Employment Opportunity Commission (EEOC) clarified in its updated guidance that employers may be able to mandate the COVID-19 vaccine among their employees in certain circumstances without running afoul of key federal anti-discrimination laws. This does not necessarily mean that you can force all your workers to get COVID-19 shots, as there are numerous issues you will face if you choose to mandate vaccinations. One such issue is an employee s refusal to get the vaccine based on their sincerely held religious beliefs.
Friday, January 8, 2021
Chaos in the Capitol. The calendar may read 2021, but in Washington, D.C., it sure feels a lot like 2020. The spectacle of rioters laying siege to the U.S. Capitol on January 6, 2021, was horrific. The
Buzz sincerely hopes that this moment represents the low point in our current politics, that reckoning and reconciliation can take place, and that our political parties can move forward and work together constructively in 2021 and beyond.
2021 Labor and Employment Policy Forecast. As this is the first
Buzz edition of 2021, we invite you to review our 2021 Labor and Employment Forecast for additional policy analysis.
A special master has urged a New York federal judge to reject the U.S. Equal Employment Opportunity Commission's proposal to end a decades-old suit alleging a New York trade union and apprenticeship program discriminated against Black and Hispanic workers, saying the deal paid only "lip service" to the suit's goal.
Can your boss require you to get the COVID-19 vaccine?
Top questions, answers from the EEOC about the COVID-19 vaccine and the workplace
Robert Arnold, Investigative Reporter
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Here is what the federal agency found:
1. For any COVID-19 vaccine that has been approved or authorized by the Food and Drug Administration (FDA), is the administration of a COVID-19 vaccine to an employee by an employer (or by a third party with whom the employer contracts to administer a vaccine) a “medical examination” for purposes of the ADA?
(updated: 12/16/20)
No. The vaccination itself is not a medical examination. As the Commission explained in guidance on disability-related inquiries and medical examinations, a medical examination is “a procedure or test usually given by a health care professional or in a medical setting that seeks information about an individual’s physical or mental impairments or health.” Examples include “vision tests; blood, urine, and breat
Pilot Will Run Through Sept. 30, 2021
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC), today announced that it was extending the pilot program that expanded opportunities to voluntarily resolve charges through mediation through Sept. 30, 2021.
“The ACT Mediation pilot has created more opportunities to resolve charges throughout an investigation, enhancing EEOC’s already successful mediation program,” said EEOC Chair Janet Dhillon. “Feedback indicates that the pilot has been well-received, however, we need, more time to fine tune its implementation and assess its impact.
Mediation is a voluntary, informal, and confidential way to resolve disputes with the help of a neutral mediator who is trained to help people discuss their differences. The EEOC’s ACT (Access, Categories, Time) Mediation pilot, which began on July 6, 2020, expanded the categories of charges eligible for mediation and, generally, allowed for mediation throughout an investigation. T