Several updates related to COVID-19 vaccination mandates occurred this week at the federal and local levels.  On December 17, the 6th U.S. Circuit Court of Appeals lifted the stay on the federal government’s mandate that employees of covered employers receive a COVID-19 vaccination or undergo weekly testing.  The Occupational Safety and Health Administration (“OSHA”) will begin enforcing the previously stayed Emergency Temporary Standard (“ETS”) on January 10, 2022. On November 4, OSHA issued the ETS…

On October 28, 2021, New York Governor, Kathy Hochul, signed legislation protecting employees who report illegal or dangerous business activities from retaliation by their employers. These amendments to New York’s “whistleblower law” (Labor Law § 740) significantly enhance the scope of prohibited retaliatory activity. Prior to the amendments, New York’s whistleblower law only protected employees from anti-retaliation if they complained about an actual violation of law and the violation presented a “substantial and specific danger…

On November 4, 2021, the Occupational Safety and Health Administration of the U.S. Department of Labor (“OSHA”), issued its long-awaited Emergency Temporary Standard (“ETS”), applicable to employers with at least 100 employees.  The ETS was issued by OSHA pursuant to President Biden’s COVID-19 Action Plan, announced last month, and provides minimum requirements in the implementation of mandatory vaccination policies.  The 490 page ETS is effective immediately, and preempts or supersedes any state or municipal…

Some people continue experiencing COVID-19 symptoms for weeks or months after first developing COVID-19. The Centers for Disease Control and Prevention have defined “long COVID” as “new or ongoing symptoms that can last weeks or months after first being infected with the virus that causes COVID-19.”  With the rise of long COVID, the U.S. Department of Health and Human Services (“HHS”) provided guidance on Long COVID and how it qualifies as a disability under the…

In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance.  The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human Services’ Office for Civil Rights (OCR) have released additional guidance addressing common employer concerns regarding vaccination status, discrimination, and reasonable accommodations. EEOC Guidance On October 25, 2021, the EEOC updated and expanded its technical assistance related to COVID-19, addressing questions regarding the interplay between federal anti-discrimination…

On Tuesday October 12, 2021, two New York federal judges issued rulings related to the enforcement of vaccine mandates in New York. Judge David Hurd of the U.S. District Court for the Northern District of New York ruled in favor of health care workers seeking religious exemptions to COVID-19 vaccine mandates by prohibiting health care facility employers from enforcing vaccine mandates without considering religious exemptions. The ruling comes after seventeen health care workers sued the…

On Thursday, September 9, 2021, President Joe Biden announced new COVID-19 vaccine mandates requiring all employers with 100+ employees to ensure their workers are vaccinated or tested weekly. In addition, the vaccine mandate builds on the President’s announcement in July requiring all federal workers to get vaccinated. The President also signed an executive order extending mandatory vaccinations to employees of contractors who do business with the federal government. Further, the Centers for Medicare & Medicaid…