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Policies / Handbooks

Ensure policy says you don’t condone transgender bias

In 2020, the U.S. Supreme Court said discrimination on the basis of sexual orientation or gender identity is a form of sex discrimination. Make sure your policies reflect that ruling. One federal court has concluded that not having a revised policy amounts to having an unofficial pro-discrimination policy.

EEOC clarifies what’s pandemic retaliation

The EEOC has updated its retaliation guidance for the coronavirus pandemic age, releasing a new technical assistance document explaining how to balance employee anti-retaliation rights under the ADA, Title VII and other laws against an employer’s need to enforce covid health and safety protocols.

Employers moving ahead with vax mandates

Employers remain committed to requiring employees to be vaccinated against covid even if courts rule OSHA cannot make them do so.

DOJ asks court to let OSHA vaccine mandate take effect

The Biden administration in late November filed court papers asking the 6th Circuit Court of Appeals to lift a stay that halted implementation of OSHA’s emergency temporary standard requiring employers of 100 or more to force employees to either be vaccinated against covid-19 or be tested weekly.

The mandate: To test or not to test, that is the question

OSHA’s “vaccine or test” emergency temporary standard requires that every employer with 100 or more employees make a choice—require vaccines for all, or permit employees to opt out and test in lieu. There is no one-size-fits-all solution, and each employer will have to choose what’s best for its business. Here are four questions to ask yourself to help guide that decision.

Fight over OSHA vaccine mandate moves to 6th Circuit

The 6th Circuit Court of Appeals will hear consolidated legal challenges to the Biden administration’s mandate for large employers to either require employees to be vaccinated against covid-19 or undergo weekly covid testing.

5th Circuit refuses to lift stay on OSHA covid mandate

A panel of the 5th Circuit Court of Appeals has reaffirmed a previous order that prevented OSHA’s vaccinate-or-test covid-safety mandate from taking effect. The move adds uncertainty to a process driven by looming deadlines.

Mark these dates on vax mandate calendar

The starkest deadline written into the OSHA vaccine mandate standard for large employers is Jan. 4, 2022. However, most of the hard compliance work must happen a month earlier. Don’t count on legal challenges slowing down an aggressive timeline for meeting OSHA’s requirements. You have just days to reach critical milestones.

Craft vaccine mandate policy that complies with OSHA standard

The OSHA emergency temporary standard requiring large employers to ensure employees are vaccinated against covid-19 stipulates that employers must “establish, implement and enforce a written mandatory vaccine policy.” Guidance issued Nov. 4 contains sample policy language that OSHA encourages employers to adapt and include in their handbooks. Here are some of the elements such a policy should include.

Snapshot: Vax mandates edge steadily upward

More than one-third of U.S. workers say their employer requires them to be vaccinated against covid-19.