Though it is tempting to move on from the pandemic and to try and forget the deadly illness that started it, COVID-19 looks like it is here to stay in one form or another. As updated on February 16, 2024, the California Department of Public Health reported a 7-day weekly average of 1,882 hospital admissions
On December 16, the Equal Employment Opportunity Commission (“EEOC”) updated existing guidance in order to address COVID-19 vaccinations.[1] In addition to discussing vaccinations in the context of equal employment opportunity (“EEO”) laws, the guidance also discusses the Food, Drug and Cosmetic Act (“FD&C Act”), a law outside of the EEOC’s jurisdiction that nevertheless provides a
Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our clients have inquired whether it will be permissible to require school and community college district employees be vaccinated for COVID-19. This question is important from a public health perspective, complicated from a legal one, and almost
Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our public agency clients have inquired whether it will be permissible to require that agency employees be vaccinated for COVID-19. This question is important from a public health perspective, complicated from a legal one, and almost certain
As more businesses start to reopen, the COVID-19 pandemic will have long-term effects on the work environment beyond temperature checks and social distancing protocols. One impact is that it may be harder for employers to justify denying a disabled employee’s request for an accommodation to work from home. Whereas employers previously may have been reluctant
This COVID Briefing was authored by J. Scott Tiedemann and Paul D. Knothe.
A fever, which is defined by the Centers for Disease Control and Prevention (CDC) as 100.4°F/38°C or higher, is a symptom and key indicator of COVID-19. Many employers, including law enforcement agencies, are already taking or are considering taking employees’ temperatures
This post was authored by Carla McCormack.
In December 2018, the Equal Employment Opportunity Commission (“EEOC”) removed Final Rules that permitted employers to offer incentives to encourage the disclosure of health information in connection with an employer wellness program. This change is effective January 1, 2019.
An employer wellness program, generally offered through an
The Reasonable Accommodation Process continues to be an important issue for public sector employers. Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Over the past several years, we have seen numerous public agencies
While this is not the first time a “war on drugs” has been politicized, the new war in 2016 is different than President Nixon’s 1971 declaration of war on drugs and Nancy Reagan’s 1981 “just say no” campaign. The 2016 presidential candidates are espousing the country’s desperate need to control the illegal use of legal
Last year, we reported on the Equal Employment Opportunity Commission v. Ford Motor Company case, a U.S. Court of Appeals case from Ohio. In that case, the Sixth Circuit Court of Appeals reversed a grant of summary judgment to Ford in a disability discrimination lawsuit. In a 2-1 split decision, the Court held that allowing