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Susan F. Eandi

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Employers have been awaiting guidance from the EEOC on vaccine-related incentives since the EEOC stated in April 2021 that it would issue new guidance (but declined to state when). Now, they have it. On May 28, 2021, the EEOC issued updated and expanded COVID-19 guidance in its technical assistance document “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updated guidance provides clarification and supplements the original December 2020 version of Section K (“Vaccines”) of the technical assistance.

Key updates regarding incentives include:

  • From a federal EEO standpoint, employers administering vaccines to their employees can offer incentives for their employees to be vaccinated, as long as the incentives are not coercive-but a large incentive could make employees feel pressured to disclose protected medical information by way of pre-vaccination disability-related screening questions.
  • Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. Employers must keep vaccination information confidential pursuant to the ADA.

Notably, the EEOC stated in this update that it is beyond the EEOC’s jurisdiction to discuss the legal implications of the Emergency Use Authorization (EUA) status of the three COVID-19 vaccinations or the Food and Drug Administration’s (FDA) approach to vaccine authorization–a response to “many inquiries” the EEOC received about the type of authorization granted the vaccines by the US Department of Health and Human Services (HHS) and the FDA.Continue Reading EEOC Updates its COVID-19 Technical Assistance: Employers Administering Vaccines Can Offer Non-Coercive Incentives to Employees

As vaccination rates increase, officials across the country are reconsidering their health and safety protocols and workplace reopening guidance. Here are a few of the most recent changes that employers need to know.

On-site Employee Health Screening No Longer Required in San Francisco but Masks and Distancing Remain

On May 20, 2021, San Francisco’s Department of Public Health updated the city’s Health Order to loosen COVID-19 restrictions. Under the new rules, businesses are no longer required to perform health screenings for all personnel and patrons, unless required by the state. Public health officials credited the ongoing vaccination effort in bringing COVID-19 cases to the lowest levels seen during the pandemic. As of May 19, 76% of eligible San Francisco residents have been vaccinated, one of the highest vaccination rates in the country.Continue Reading The Shifting Sands of COVID-19 Regulations: New Rules Regarding Health Screening, Vaccine Cards and Vaccine Passports

Join us for an educational trip around the globe without leaving the comfort of your home office. We know that the pandemic has posed unprecedented challenges for US multinational employers. In addition to keeping your employees safe and maintaining business continuity, it is difficult to keep track of the rapidly changing legal environment for employers…

Special thanks to co-author, Monica Kurnatowska.

A convergence of forces is changing the public face of the boardroom: the increasing amount of data showing how inclusion and diversity improves performance, impassioned protests for gender equality, the impact of the Black Lives Matter movement, pressure from investors and shareholders, and legislation. While gender diversity has…

For a company to effectively expand its global footprint, it’s almost always necessary to engage workers on the ground. The legal risks and opportunities in structuring these relationships differ significantly around the world, and the complexity is further compounded by the intersection with other areas of law, including tax, corporate, intellectual property and employment, to…

On May 18, 2021, Santa Clara County became among the first jurisdictions in the world to issue an Order requiring employers to determine if employees are vaccinated. Santa Clara County employers will need to move quickly, because the Order requires compliance within two weeks.

Here’s what Santa Clara County employers need to know now to…

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Maryland, New

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Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We…

On May 13, 2021, the CDC updated its Interim Public Health Recommendations for Fully Vaccinated People. Now, individuals who are fully vaccinated no longer need to wear a mask or physically distance in most indoor and outdoor settings, with a handful of exceptions (doctor’s offices, hospitals, planes, trains, airports, and transportation hubs), or unless…