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Religious Exemption Employer Liability Issues

Seyfarth Shaw LLP

Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19...

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Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more

Dorsey & Whitney LLP

What Employers Need to Know about Iowa’s Religious Freedom Restoration Act

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On April 2, 2024, Governor Kim Reynolds signed Senate File 2095, the Iowa Religious Freedom Restoration Act, which became effective immediately. Iowa’s Religious Freedom Restoration Act (“RFRA”) is modeled on a similar law...more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

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On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Sheppard Mullin Richter & Hampton LLP

Rescinding a Lame Duck Trump Administration Rule, DOL Returns to Its Longstanding Policy on Religious Exemptions for Federal...

On March 31, the Office of Federal Contract Compliance Programs (OFCCP) rescinded a Trump Administration rule that provided a faith-based carve-out exempting federal contractors from compliance with certain...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

DirectEmployers Association

In a Courageous Political Act of Folly, The Biden White House Ordered OFCCP to Publish Its Final Rule Rescinding Trump’s Religious...

This action to order the publication in Final form of OFCCP’s highly controversial Religious Exemption Rule was either one of the most courageous political acts I have seen a President take in recent years or was one of the...more

DirectEmployers Association

OFCCP Week In Review: March 2023

Monday, February 27, 2023: NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees) Tweets Discussing Case Also Protected - Workplace group discussions...more

Freeman Law

Department of Labor Issues Guidance on Religious Exemption Final Rule FAQs

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On March 1, 2023, the Department of Labor issued its guidance on Religious Exemption Final Rule Frequently Asked Questions. The DOL’s Guidance dovetails very tightly with the Freeman Law Insights blog published on February...more

Butler Snow LLP

Mississippi Governor Signs Bill Banning Workplace Vaccine Mandates for Public Employers and Requiring Public and Private Employers...

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Mississippi joins the list of states limiting public employer COVID-19 vaccine mandates. On April 22, 2022, Gov. Tate Reeves signed a bill banning public institutions and agencies from discriminating against people based on...more

Fisher Phillips

Tennessee Closes the Loop on Workplace Vaccine Mandates

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Do you have a mandatory vaccination policy? Are you exempt from Tennessee’s COVID-19 vaccine protection law because you’re a federally regulated company, healthcare provider governed by the U.S. Centers for Medicare &...more

Dentons

HR Quick Take: Vaccinations

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Q: I want to encourage my employees to get vaccinated for COVID-19 and other vaccines such as the flu. Can I offer different sick leave banks to those who are vaccinated?...more

Manatt, Phelps & Phillips, LLP

New York State Department of Health Issues Religious Exemption Update for NYS Vaccination Mandate

The New York State Department of Health (DOH) issued a Dear Administrator Letter (DAL) regarding the enforcement of New York State’s health care personnel vaccination mandate (“NYS vaccination mandate”) for previously granted...more

Sheppard Mullin Richter & Hampton LLP

EEOC Publishes New Guidance Regarding Objections to COVID-19 Vaccines Based Upon Employee Religious Beliefs

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) expanded its prior guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to include recommendations for...more

Holland & Hart LLP

Evaluating Religious Exemption Requests Under the CMS COVID-19 Vaccine Mandate

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In light of the CMS Interim Final Rule (“Interim Rule”) published on November 5, 2021, qualifying healthcare facilities have been tasked with implementing policies and procedures that ensure their staff are fully vaccinated...more

Hogan Lovells

Second Circuit lifts injunction on NY health care vaccine mandate

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On October 12, 2021, a court in the Northern District of New York preliminarily enjoined the New York State Department of Health’s (DOH) COVID-19 vaccination rule for healthcare employees to the extent it required employers...more

Littler

Second Circuit Upholds New York’s Vaccination Mandates for Healthcare Workers Without Religious Exemptions

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In a November 4, 2021 opinion, the U.S. Court of Appeals for the Second Circuit upheld New York’s vaccine mandate for healthcare workers, rejecting arguments advanced by healthcare professionals in two different district...more

Perkins Coie

Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

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The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring all employers with a total of 100 or more employees to mandate...more

Burr & Forman

State of Alabama Passes Law Governing COVID-19 Vaccine Exemption Requests

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On November 5, 2021, Alabama Governor Kay Ivey signed into law a bill governing COVID-19 vaccine exemption requests.  The law is intended to provide safeguards to employees who refuse an employer-required COVID-19 vaccine, as...more

Littler

Some States Push Back on Governmental and Private Employer Vaccine Mandates

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As the world closes in on the two-year anniversary of the beginning of the COVID-19 pandemic, and in the face of stagnating rates of vaccination, governments and employers anxious to return to “normal” have been increasingly...more

Franczek P.C.

General Assembly Says Religious Objection Law Does Not Apply to COVID-19 Safety

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On Thursday night, October 28, 2021, the Illinois General Assembly passed House Floor Amendment 3 to Senate Bill 1169, which amends the Health Care Right to Conscience Act (HCRCA) to allow employers the right to “take any...more

Vinson & Elkins LLP

Executive Order Showdown: The Vaccine Mandate

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When Texas governor Greg Abbott issued an executive order on October 11th stating that no entity in Texas could compel receipt of a COVID-19 vaccination by “any individual, including an employee or a consumer” who objects for...more

Foley Hoag LLP

EEOC Updates Guidance on Religious Exemptions to Workplace Vaccine Requirements

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On October 25, 2021, as more employers adopt workplace vaccination requirements for their employees, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning requiring COVID-19 vaccinations in...more

Manatt, Phelps & Phillips, LLP

EEOC Provides Updated Guidance on Religious Objections to Vaccine Mandates

The EEOC’s expanded technical assistance now addresses employers’ obligations to respond to and navigate vaccine-related religious accommodation requests pursuant to Title VII of the federal Civil Rights Act of 1964, which...more

Cozen O'Connor

The EEOC’s Long-Awaited Religious Exemption Guidance

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On October 25, 2021, the EEOC released its latest update to its COVID-19-related technical assistance on a much-anticipated topic: religious exemption from COVID-19 vaccination. The EEOC has released guidance periodically...more

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