[author: David Woolf]
WLG asked its member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. David Woolf of Faegre Drinker shares his view from the US. (See responses for other countries here: https://www.theworldlawgroup.com/knowledge-center/employer-covid-19-vaccine-policies)
Can an employer require compulsory COVID vaccination? If yes, are there any exceptions or special circumstances that an employer must consider?
Although the law is in a state of flux, the U.S. Equal Employment Opportunity Commission (“EEOC”) has recently taken the position that an employer can require employees to be vaccinated, subject to two exceptions, which are analyzed on a case-by-case basis. Those exceptions (discussed below) are where the employee refuses a COVID vaccination on the ground that a vaccination would (a) conflict with the employee’s sincerely held religious belief or (b) create a medic
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As COVID-19 vaccinations become more readily available to the general public, companies will be facing a decision: In order to ensure a safer workplace, should employees be required to show proof of inoculation?
Also, would such a mandate be lawful?
Laura Rideout, an attorney with Portland law firm Preti Flaherty’s labor and employment practice group, said certain industries indeed may impose such requirements in order to slow or stop the spread of COVID-19. Still, an informal survey of major employers in Maine by the Portland Press Herald/Maine Sunday Telegram found that none have any immediate plans to require their workers to be vaccinated.
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Court Awards Nearly $200,000 to Five Female Librarian Supervisors
On Dec 23, the United States District Court for the District of Maryland ruled that Baltimore City and its Enoch Pratt Free Library violated federal law by paying female Librarian Supervisor Is lower wages than a male coworker because of sex. The ruling followed a five-day virtual bench trial which occurred September 28 through October 2.
According to the suit filed in September 2017, Enoch Pratt Library rehired a male in June 2015 as a Librarian Supervisor I at a salary which was thousands more than that paid to the five females who held that position even though the male had fewer years of service and experience. U.S. District Judge Paula Xinis rejected the Library’s argument that the male and female Librarian Supervisor Is did not perform the same work, noting that the Library treats Librarian Supervisor Is as “fungible” by not recruiting for specific branches and transferring them from branch to branch on
OBITUARY: Civil Rights Activist Georgette Imura, 77
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SACRAMENTO Georgette Imura, a long-time Sacramento activist, died on Dec. 17 after a three-year battle with non-small cell lung cancer. She was 77.
Georgette Imura
Born in the Manzanar concentration camp in 1943, she moved to Sacramento with her family when she was 4 years old and graduated from Sacramento High School.
Imura had a 28-year career with the State Legislature. She was a receptionist for Assemblymember Leroy Greene (1967-68), legislative secretary for Assemblymember Yvonne Brathwaite (1968-72), legislative assistant for Assemblymember Julian Dixon (1972-78), chief of staff for State Sen. Diane Watson (1978-81), staff director for the California State Senate Democratic Caucus (1981-85), and principal consultant for the California State Senate Elections Committee (1985-87).