On July 12, 2022, the EEOC updated its informal COVID-19 guidance to employers in a number of significant and surprising ways, most of which call for more nuanced assessment of community risk and consideration of evolving public health guidance:… Continue Reading
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EEOC Provides Updated Guidance to Employers Regarding Title VII and Religious Objections to COVID-19 Vaccine Mandates (US)
UPDATE (10/29/21): On October 28, 2021, the EEOC supplemented its updated guidance on religious accommodation from employer vaccine mandates by making public its own internal accommodation request form. The agency explained: “Although the EEOC’s internal forms typically are not made public, it is included here given the extraordinary circumstances facing employers and employees due to the … Continue Reading
EEOC Updates Guidance on COVID-19 Vaccination Incentive Programs (US)
Since the start of the pandemic, the EEOC has periodically updated its informal guidance to address emerging topics related to COVID-19, include regarding vaccination, which is top of mind for many U.S. employers. This week, the EEOC updated its informal guidance to address questions regarding COVID-19 vaccination and vaccination incentive programs. Takeaways from the updates … Continue Reading
EEOC Publishes Guidance on Employer Mandatory COVID-19 Vaccination Policies (US)
Last month we discussed whether employers will be able to require employees to obtain a COVID-19 vaccine as a condition of returning to, or remaining in, the workplace. We noted at that time that the conditions for and lawfulness of mandatory vaccination policies was unclear, but that guidance was anticipated from the US Equal Employment … Continue Reading
EEOC Provides Welcome COVID-19-Related Guidance To Employers As Employees Return To The Workplace (US)
On September 8, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance concerning COVID-19 and the workplace. The update provides much-needed answers to questions that have been troubling employers struggling to adapt to circumstances presented by the still-ongoing public health emergency. Can we test employees for COVID-19 prior to allowing them back in … Continue Reading
EEOC Updates COVID-19 Guidance With Answers To More Return-To-Work Questions (US)
Throughout the current public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) has been providing regular updates to its guidance on COVID-19 and compliance with the Americans with Disabilities Act (ADA) and other federal employment statutes (see our prior posts here). On June 11, 2020, the EEOC provided answers to approximately 10 new questions, … Continue Reading
EEOC Provides Updated Guidance on Return-to-Work Issues Addressing Accommodations For Employees With COVID-19 Vulnerabilities (US)
Update (5/7/20): On May 7, 2020, the EEOC re-issued guidance concerning what actions an employer may take if it knows that an employee has a medical condition placing him/her at a higher risk for severe illness if he/she gets COVID-19, and thus is concerned about the employee’s return to the workplace, but the employee has not … Continue Reading
EEOC Updates Guidance To Permit Employer-Mandated COVID-19 Testing (US)
As the COVID-19 public health emergency begins to (hopefully) progress down the curve and employers contemplate reopening and returning employees to the workplace, many employers are considering what measures they can implement to ensure that returning employees are not infected with the SARS-CoV-2 virus. In March 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued … Continue Reading
EEOC Publishes Additional COVID-19 Guidance, Including Confirmation of Employer Ability to Temperature Test under ADA (US)
The U.S. Equal Employment Opportunity Commission (EEOC) has issued additional guidance for employers dealing with the issues presented by the COVID-19 pandemic. This information includes confirmation that employers may ask employees who report feeling ill or who call in sick whether they are experiencing any symptoms consistent with the coronavirus infection and may require employees to … Continue Reading
EEOC Issues Reminder That Caregiver Duties Continue Even As COVID Surge Wanes (US)
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare … Continue Reading
