EEOC Issues Guidance on Religious Accommodations to COVID-19 Vaccine Mandates

As addressed in our prior client alerts, available here and here, earlier this year, the Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers regarding how employer-imposed COVID-19 vaccine mandates interact with federal anti-discrimination laws. Last week, the EEOC issued additional guidance on employee requests for religious accommodations to these mandates.

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COVID-19 Designation Extended Until December 15th Under the HERO Act

Yesterday, the New York State Commissioner of Health (the “Commissioner”) extended the designation of COVID-19 as a highly contagious communicable disease under the HERO Act until December 15, 2021. The Commissioner will again review the level of transmission of COVID-19 in New York State on approximately December 15th and determine whether to continue this designation. As such, the airborne infectious disease policies required by the HERO Act remain implemented and in effect.

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New York State Issues Guidance on Adult Use of Cannabis & the Workplace

As employers will recall, effective March 2021, employers are prohibited from terminating or otherwise discriminating against an employee for their legal use of cannabis outside the employee’s work hours, off the employer’s premises, and without use of the employer’s equipment or property. Recently, the New York State Department of Labor released Frequently Asked Questions (“FAQs”) regarding the application of this new protection to the workplace.

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COVID-19 Designation Extended Under the HERO Act

The Commissioner of Health (the “Commissioner”) has extended the designation of COVID-19 as a highly contagious communicable disease under the HERO Act until October 31, 2021. The Commissioner will again review the level of transmission of COVID-19 in New York State on approximately October 31st and determine whether to continue this designation. As such, the airborne infectious disease policies required by the HERO Act remain implemented and in effect.

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DOL Revises Model Airborne Infectious Disease Exposure Prevention Plan

As our clients are aware, New York employers should have already implemented their Airborne Infectious Disease Exposure Prevention Plan (the “Plan”) mandated under the HERO Act. Yesterday, the DOL revised the Model Plan on their website. The substantive revisions to the Model Plan concern two of the minimum controls: face coverings and physical distancing.

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Biden Announces COVID-19 Action Plan Requiring Certain Employers to Mandate the COVID-19 Vaccine

Yesterday afternoon, President Biden announced a six-prong COVID-19 Action Plan (the “Plan”). Under the Plan, all employers with 100 or more employees will be required to ensure that their workers are vaccinated or produce a negative test result on at least a weekly basis before coming to work. Workers in most healthcare settings that receive Medicare or Medicaid reimbursement and federal employees, including employees of contractors that do business with the federal government, also must receive the vaccine.

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