On June 29, 2023, the U.S. Supreme Court issued a unanimous decision in Groff v. Dejoy, a case involving an Evangelical Christian USPS worker who sought a religious accommodation to abstain from work on Sundays. The highly anticipated decision alters nearly 50 years of federal caselaw regarding what constitutes an undue hardship sufficient to justify an employer’s denial of a request for a religious accommodation under Title VII of the Civil Rights Act of 1964 (“Title VII”). The ruling establishes a heightened standard for employers, who now must show that the burden of granting a religious accommodation would result in “substantial increased costs in relation to the conduct of its particular business” before denying an accommodation.
Read MoreOn January 13, the Supreme Court issued two opinions related to national vaccination mandates: staying enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) and staying the preliminary injunctions which were issued on the Center for Medicare and Medicaid Services’ (CMS) rule requiring vaccination for employees of facilities who receive Medicare and Medicaid funding. While not the final word on these requirements, these rulings demonstrate the likely outcome of these legal challenges. The result of these rulings is that many employers will be left subject to myriad state and local requirements related to vaccination, testing, and masking.
Read MoreAs employers may recall, on December 6, 2020, Mayor De Blasio announced a mandatory vaccination order for all New York City employers and on December 15, 2021 the text of that order, and the related guidance, was issued by the City. On December 23, 2021, NYC revised its FAQS for Covered Entities and Guidance on Accommodations for Workers related to this order. Significantly, these FAQS confirm that even employers who are covered by the OSHA Emergency Temporary Standard for large private employers must comply with this New York City order, meaning that their workers must be vaccinated to gain entrance to a workplace if they do not have a reasonable accommodation and there is no alternative testing option.
Read MoreOn December 6, Mayor De Blasio announced a mandatory vaccination order for all New York City employers. The text of that order, and the related guidance, has now been issued by the City.
The order applies to any non-governmental employer with more than one worker in New York City or who maintains a workplace in New York City, including self-employed individuals or sole practitioners who work at a workplace or who interact with workers or the public in the course of their business (collectively, “covered entities”). Covered entities must require workers to provide proof of vaccination against COVID-19 before entering the workplace (subject to the reasonable accommodation process discussed below). The FAQs make clear that by December 27, workers only need to submit proof of one vaccination dose; however, if a second-dose would be required to be considered fully vaccinated, proof of the second dose must be submitted within 45 days.
Read More