News & Analysis as of

Religious Accommodation Healthcare Workers Vaccinations

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Jackson Lewis P.C.

No Religious Accommodation Required from Vaccine Mandate at Fictional Hospital

Jackson Lewis P.C. on

Soap Operas are known for drama. Nothing has caused more drama in the last two years than vaccine mandates. Last week, a California court determined that a plaintiff’s request for religious accommodation at General Hospital...more

K&L Gates LLP

2022 Health Care Employment Law Year in Review

K&L Gates LLP on

Health care employment law was once again a critical focus for many legislative bodies in 2022. While much of our 2021 Year in Review focused on how states addressed the COVID-19 pandemic itself, most notably with respect to...more

Parker Poe Adams & Bernstein LLP

New Federal Court Decisions Continue Vaccine Mandate Debates

In our experience, most employers outside of the health care industry have largely lost interest in mandating COVID-19 vaccinations. Given the less lethal variants that cause most current infections, along with lowered rates...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Federal Judge Tosses Challenge to Employer Jab or Swab Mandate

​​​​​​​On August 26, 2022, Chief U.S. District Judge Matthew Brann for the United States District Court for the Middle District of Pennsylvania dismissed a putative class action representing approximately 100 healthcare...more

Nelson Mullins Riley & Scarborough LLP

Update on COVID-19 Vaccination Accommodations Under Title VII

Earlier this year, the United States Supreme Court in Biden v. Missouri, 595 U. S. ____ (2022) provided clarity for hospitals and healthcare facilities when it preliminarily upheld a vaccine mandate for health care workers...more

Jackson Lewis P.C.

Indiana Enacts New Law on Employer COVID-19 Vaccination Mandates

Jackson Lewis P.C. on

Indiana Governor Eric Holcomb has signed into law House Bill 1001, curbing COVID-19 vaccine mandates by employers. Under the law, which went into effect immediately, most Indiana employers who require employees to...more

Husch Blackwell LLP

EEOC Issues Employer Guidance for COVID-19 Vaccinations and Religious Objections

Husch Blackwell LLP on

Throughout the COVID pandemic, healthcare employers have navigated the challenge of balancing safety concerns with employee requests for religious exemption from the vaccine. Since lifting the stay of the CMS rule requiring...more

Jackson Lewis P.C.

2022: The Year Ahead for Employers

Jackson Lewis P.C. on

In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level. ...more

Jackson Lewis P.C.

2021 New York State, City Legislative and Related Developments; 2022 Outlook

Jackson Lewis P.C. on

While most of our focus over the last year has been on COVID-19-related developments, New York State and New York City employers also must ensure compliance with other recent and upcoming legal changes...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

McDermott Will & Emery

CMS Issues Detailed Guidance to Surveyors on Assessing Compliance with Omnibus COVID-19 Healthcare Staff Vaccination Mandate

McDermott Will & Emery on

On December 28, 2021, the Centers for Medicare and Medicaid Services (CMS) Quality, Safety and Oversight Group released a memorandum (QSO-22-07-ALL) providing guidance and details on survey procedures for assessing and...more

Bass, Berry & Sims PLC

CMS Announces It Will Enforce COVID-19 Vaccine Rule in 25 States Not Enjoined by a Court

Bass, Berry & Sims PLC on

The Centers for Medicare & Medicaid Services (CMS) announced it will enforce the COVID-19 Health Care Staff Vaccination Interim Final Rule in the 25 states, District of Columbia, and territories in which the healthcare...more

McCarter & English, LLP

CMS Issues a Vaccine Mandate for Certain Health Care Providers

McCarter & English, LLP on

At the direction of the Biden administration, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (CMS Rule) on November 5, 2021, requiring COVID-19 vaccinations for workers in most health care...more

Fisher Phillips

Medicare and Medicaid Participants Face Sweeping New Workplace Vaccination Rule: A 5-Step Survival Guide

Fisher Phillips on

Note: This CMS Rule refenced in this Insight is separate and distinct from the OSHA ETS that was issued on November 4. Thus, although the CMS Rule could also be challenged in court, the November 6 court order blocking...more

Nilan Johnson Lewis PA

Stay Issued for OSHA ETS Vaccine Mandate; CMS Emergency Regulation Untouched

Nilan Johnson Lewis PA on

As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the law from going into effect. Below, we outline the key...more

Fisher Phillips

Comprehensive FAQs for Employers on the OSHA Vaccine Emergency Temporary Standard (ETS)

Fisher Phillips on

Federal workplace safety officials just released the mandate-or-test workplace vaccine emergency rule, and employers are sure to have questions. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and...more

Parker Poe Adams & Bernstein LLP

First Circuit Upholds State's Mandatory Vaccine Order for Health Care Workers

Last week, the First Circuit Court of Appeals rejected challenges to a Maine emergency rule requiring that health care workers be vaccinated against COVID-19. Originally scheduled to take effect on August 12, 2021, all Maine...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Finding Religious Accommodations in Rhode Island’s COVID-19 Vaccination Requirements for Healthcare Workers

Healthcare and healthcare-related employers have not just been at the heart of the fight against the COVID-19 pandemic, they have also recently been on the battleground in the fight over mandatory vaccination. Multiple states...more

Manatt, Phelps & Phillips, LLP

Court Refuses to Halt Employer’s Mandatory Vaccination Policy

In one of the first cases involving a request for an injunction against a private employer’s vaccine mandate, a federal court refused to put a stop to the employer’s mandatory vaccination policy....more

Nutter McClennen & Fish LLP

Texas Federal Court Decision Signals Willingness of Courts to Uphold Mandatory Employee Vaccination Policies

On June 12, U.S. District Judge Lynn N. Hughes of the United States District Court for the Southern District of Texas upheld a policy established by Houston Methodist Hospital that requires employees to be vaccinated against...more

Bricker Graydon LLP

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

Bricker Graydon LLP on

On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...more

Nossaman LLP

Can a Healthcare Provider Require Employees to Take a COVID-19 Vaccine?

Nossaman LLP on

The short answer is yes, subject to certain exceptions and requirements. On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued guidance on whether employers can require their employees to take a...more

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