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Tuesday, July 27, 2021 With employers reopening fully and employees returning to the workplace from the pandemic, there has been a steady flow of challenges -- both legal filings and political and public opposition -- by individuals opposing mandatory requirements from employers and institutions to be vaccinated in order to return to work or school, subject to certain legal requirements under the ADA and valid religious objections.  The legal challenges have centered, in large part, on the Food and Drug Administration (FDA) ability to issue “emergency use authorization” (EUA) f...

Key Points While the Equal Employment Opportunity Commission’s (EEOC) May 28, 2021 guidance (the “EEOC Guidance”) largely is consistent with its previous pronouncements regarding employer mandatory COVID-19 policies, including policies regarding vaccinations, the new EEOC Guidance adds some color that is helpful to most alternative asset managers. The EEOC confirms that employers seeking to institute mandatory vaccination policies likely can do so under federal equal employment laws, subject to certain limitations and requirements. As discussed below, however, doing so raises a number o...