Showing 4 posts in Vaccine Requirement.

Religious Exemptions to COVID-19 Vaccine Mandates Do Not Include Political, Social, Economic Beliefs, According to EEOC

On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS). It required employers of 100 or more employees to institute mandates requiring employees to be fully vaccinated against COVID-19—or require weekly testing of its employees. That same day, the Centers for Medicare & Medicaid Services (CMS) similarly issued an Interim Final Rule (IFR) requiring the workforces of Medicare- and Medicaid-certified providers and suppliers to be fully vaccinated against COVID-19 in order for Medicare and Medicaid facilities to continue participation in those programs. Many employers have also instituted COVID-19 vaccination mandates for their employees separate from OSHA’s ETS and CMS’s IFR. More ›

Florida Governor DeSantis Wants Florida Legislature to Pass Law Against Federal Vaccine Mandates

At a press conference on October 21, 2021, Florida Governor Ron DeSantis called on the Florida legislature to pass a law combating federal vaccine mandates. He also called on the legislature to hold a special legislative session to pass such a law, instead of waiting until the legislature resumes its normal session next year. Governor DeSantis believes legislation is necessary because an executive order against employer vaccine mandates may not be sufficient. More ›

Texas Governor Greg Abbott Issues Executive Order Prohibiting Mandatory Vaccination Policies

This week, Texas Governor Greg Abbott handed out the nation's most extensive ban against mandatory COVID-19 vaccination policies. Executive Order No. GA-40 prohibits any Texas employer from issuing COVID-19 mandates for employees or consumers. Specifically, the Order disallows any "entity" from compelling receipt of the COVID-19 vaccine for persons – employees or consumers – "who object to such vaccination for any reason of personal conscience, based on religious belief, or for medical reasons, including prior recovery from COVID-19." More ›

Trust the Process: Relying on Existing Law or Policy is not an ADA Defense Says Third Circuit

Many times, employers evaluate disability claims by simply checking the boxes. It’s easy to develop tunnel vision, especially when the employer feels the issue is narrowly defined by an existing law or policy, e.g., a law or employer policy requiring that certain employees be vaccinated. However, this narrow frame of mind may cause employers to miss the complete picture. A recent 3rd Circuit Court of Appeals (DE, NJ, PA) decision illustrates the consequences of missing the big picture. In Ruggiero v. Mount Nittany Medical Center, the court addressed the interplay between a hospital’s vaccination policy and the ADA, holding held an employee’s ADA claim could proceed because the hospital failed to engage in the interactive process. The Court held the hospital had a duty to engage in the process once aware of her disability and request for accommodation, regardless of its policy requiring that all employees be vaccinated. More ›