- What’s The Status of the Vaccine Mandate for 100 or more Employees? – read now
- EEOC Announced Prioritizing Tackling Systemic Discrimination and COVID-19 Issues in the Workplace – read now
What’s The Status of the Vaccine Mandate for 100 or more Employees?
On Friday, November 5, 2021, the Department of Labor published an Emergency Temporary Standard (ETS) in the Federal Register outlining a policy for employers with 100 or more employees that required employees either receive the COVID-19 vaccine or get tested weekly.
On Saturday, November 6, 2021, the Fifth Circuit Court of Appeals (located in Louisiana) was the first federal court to issue a stay, or a hold, on implementing the ETS. Numerous petitions were filed across the country and the federal appeals courts engaged in a lottery to ascertain which jurisdiction would hear the combined lawsuits. The winner of the drawing was the Sixth Circuit (located in Ohio) which will preside over litigation centering on the ETS.
Following a decision from the Sixth Circuit, an appeal is anticipated to the Supreme Court. Stay tuned for more information. For more information about this ETS and your workplace policies, contact Laura Rubenstein at LRubenstein@wcslaw.com.
EEOC Announced Prioritizing Tackling Systemic Discrimination and COVID-19 Issues in the Workplace
On November 16, 2021, the EEOC issued a press release detailing its financial management and shared its focus on tackling systemic discrimination and COVID-19 issues. The EEOC reported having a “successful year, with recoveries in line with historical levels despite the pandemic. For the $404.5 million appropriated for EEOC operations, the agency recovered more than $484 million which went directly to victims of discrimination, changed discriminatory practices across American workplaces, and helped prevent discrimination through outreach and education.”
Despite the challenges the pandemic created, the agency stated it made progress toward rebuilding its capacity and conducted outreach, technical assistance, and enforcement, reaching levels in line with those in pre-pandemic years. Most significantly, after hitting the lowest staffing levels since at least 1980, the EEOC filled approximately 450 positions in the last six months of the fiscal year. These positions were mostly for front-line staff such as investigators, mediators, attorneys, and equal employment specialists.
If you have questions about a pending EEOC Charge, or want to discuss how to avoid matters reaching the EEOC, contact Laura Rubenstein at LRubenstein@wcslaw.com.
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