Charlie co-authored the article “The Role of Arbitrators in Questioning Witnesses,” published in the ARIAS·U.S. Quarterly, Q1 2022.
It is republished here with permission.
New EEOC Guidance on Caregiver Discrimination Related to the COVID-19 Pandemic
Last week the EEOC issued new guidance concerning caregiver discrimination related to the COVID-19 pandemic. This signals an increased focus on caregiver discrimination by the EEOC. The guidance states, “The COVID-19 pandemic has significantly impacted employees’ work and personal obligations, creating concurrent and, at times, competing job and caregiving demands.
Can COVID-19 Be a Disability Under Antidiscrimination Laws? At Least One Court Says “Yes”
In what may be the first in a wave of decisions concerning COVID-19 and disability bias, the United States District Court for the Middle District of Alabama determined that a nursing assistant who was fired for following COVID-19 quarantine protocols after testing positive and presenting symptoms can pursue her
H-1B Fiscal Year 2023 Is Here
The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and
Employers May Need to Pay Employees for Time Spent on COVID-19 Vaccinations and Testing
Two weeks ago, the U.S. Supreme Court placed a stay on implementation of an emergency temporary standard (“ETS”) issued by the Occupational Safety and Health Administration (“OSHA”) that would have required employers with more than 100 employees to either mandate that employees be vaccinated against COVID-19 or submit to
Supreme Court Releases Opinion on COVID-19 Vaccination Mandate for Health Care Workers
On Jan. 13, 2022, the U.S. Supreme Court released its opinion on the COVID-19 vaccination mandate for health care workers that was implemented by the Secretary of the U.S. Department of Health & Human Services (HHS). The mandate requires that to receive Medicare and Medicaid funding, participating facilities must
Supreme Court Blocks Nationwide Vaccine and Testing Mandate for Large Employers
On January 13, 2022, the U.S. Supreme Court issued the much anticipated decision blocking a nationwide vaccine and testing mandate for large employers. The Secretary of Labor, acting through OSHA, enacted a vaccine mandate for employer with more than 100 employees. The Court noted that OSHA has never before
Appeals Court Reinstates OSHA Emergency Vaccine and Testing Requirements for Large Employers
The Sixth Circuit Court of Appeals lifted a stay put in place by the Fifth Circuit that prevented OSHA from enforcing its Emergency Temporary Standard (“ETS”). This means OSHA may now move forward with the vaccine, testing and other requirements for employers with 100 or more employees while challenges to the
Federal Judge issues preliminary injunction against enforcement of President Biden’s vaccine mandate
Another federal judge has blocked President Biden’s vaccine mandate. On Tuesday, December 7, 2021, Judge R. Stan Baker, a Georgia-based U. S. District Court Judge, issued a preliminary injunction against enforcing President Biden’s vaccine requirement for federal contractors and subcontractors who would have had to get vaccinated by January
Disputes Regarding the Mandate-or-Test Emergency Temporary Standard That OSHA Issued to Be Heard by a Circuit Selected Through a Multi-Circuit Lottery
On Friday, November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued a mandate-or-test Emergency Temporary Standard (ETS) that will take effect in January 2022. The ETS will mandate that most employers with 100 or more employees either (1) require vaccination (with exceptions for reasonable accommodation for medical and/or
OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard
The federal Occupational Safety and Health Administration (“OSHA”) took the unprecedented step of issuing an Emergency Temporary Standard (“ETS”) requiring, among other things, COVID-19 vaccinations or regular testing for millions of private sector employees. This is part of a trilogy of vaccine mandates President Biden announced in recent weeks, and
CMS Emergency Regulations Mandate COVID-19 Vaccination of Certain Health Care Workers
On November 4, 2021, the Centers for Medicare and Medicaid Services (“CMS”) issued a press release that announced the availability of the display copy of the anticipated Interim Final Rule on COVID-19 Health Care Staff Vaccinations. (See display copy.) The Interim Final Rule will be published in the Federal Register tomorrow,
EEOC Issues Updated and Expanded COVID-19 Technical Assistance
The U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated and expanded technical assistance related to the COVID-19 pandemic. The expanded technical assistance addresses questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity (“EEO”) laws. The key updates to the technical assistance
OCR Issues HIPAA and COVID-19 Vaccination Guidance
The Office for Civil Rights (“OCR”)—the agency within the U.S. Department of Health and Human Services responsible for, among other things, enforcing compliance with HIPAA— recently released guidance on HIPAA’s application to an individual’s COVID-19 vaccination status to combat the misinformation circulating that HIPAA applies to a broader array of
President Biden’s COVID-19 Action Plan and Private Employers
On September 9, 2021, President Joe Biden announced a six-pronged COVID-19 Action Plan that includes:
Vaccinating the Unvaccinated; Further Protecting the Unvaccinated; Keeping Schools Safely Open; Increasing Testing and Requiring Masking; Protecting Our Economic Recovery; and Improving Care for Those with COVID-19.
For private employers in particular, the Action Plan
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