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
Currently pending before the Arizona legislature, Senate Bill 1648 would prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as … Continue Reading
As we discussed in a previous post, the US Equal Employment Opportunity Commission (“EEOC”) published guidance in December 2020 on employer mandatory COVID-19 vaccination policies. That guidance explained that subject to a few exceptions, employers can require that employees receive the COVID-19 vaccine as a condition of returning to, or remaining in the workplace. However, … Continue Reading
The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale. In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading
In what appears to be the first jury verdict under the Genetic Information Nondiscrimination Act of 2008 (“GINA”), an Atlanta, Georgia area employer has been found liable for compensatory and punitive damages to two of its employees in a case whose facts read like a bad movie script. The employer operates a warehouse that distributes … Continue Reading
The EEOC has proposed amendments to its regulations under the Americans with Disabilities Act (“ADA”) as they relate to employer wellness programs. These proposed amendments were published on Monday, April 20, triggering a 60-day public notice and comment period. The proposed amendments aim to define which employer wellness programs are valid under the ADA, which … Continue Reading
Many employers offer wellness programs to employees—such as providing rewards to employees for participating in health and wellness programs (e.g., weight loss, smoking cessation) and achieving particular results, or penalizing employees for declining to participate in such programs in the form of higher insurance premiums—as a way to encourage healthier, more productive workforces while reining … Continue Reading
