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Dec 02 2021
Affirmative ActionDisability

Federal contractors must certify AAP compliance by June 30, 2022

The Office of Federal Contract Compliance Programs (OFCCP) has announced that employers with federal supply or service contracts/subcontracts will be required to annually certify that they have developed written affirmative action plans (AAPs), with an initial deadline of June 30, 2022. The certification requirements apply to employers who are already required to prepare written AAPs,…

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Nov 18 2021
COVID-19DisabilitySafety and Health

Q&A: Consider options while awaiting ruling on OSHA COVID-19 ETS

Question: I read your Alert, announcing a hold on federal OSHA’s COVID-19 (coronavirus) emergency temporary standard (ETS) for employers with 100 or more employees until a federal court hearing occurs. Does that mean we can stop preparing for the rule (which requires vaccination or weekly tests), or is there something we should still be doing?…

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Nov 04 2021
COVID-19DisabilityLeave Laws

ALERT: OSHA releases vaccine mandate for employers with 100+ workers

November 4, 2021 OSHA announced its long-awaited COVID-19 emergency temporary standard (ETS), directing employers with 100 or more employees to require their employees to be vaccinated or else submit to weekly testing. The official rule will be effective immediately upon its publication on November 5, 2021, but covered employers will have 30 days (i.e., until…

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Nov 04 2021
Affirmative ActionCOVID-19Disability

More questions answered on federal contractor vaccine mandate

On November 1, 2021, new FAQs for federal contractors subject to President Biden’s COVID-19 (coronavirus) vaccine mandate (Executive Order 14042) appeared on the Safer Federal Workforce Task Force website. Here are some highlights from the FAQs: Pending accommodation requests: It’s okay if you’re still reviewing requests for accommodation due to disabilities or sincerely held religious…

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Oct 21 2021
COVID-19DisabilityPrivacy & Confidentiality

Q&A: HIPAA doesn’t apply to employee information

Question: We implemented a mandatory COVID-19 (coronavirus) vaccine policy for all employees. Some employees are refusing to produce proof of vaccination status because they believe they have the right to refuse under the Health Insurance Portability and Accountability Act (HIPAA). We’re a private employer operating a manufacturing facility. Does HIPAA apply to us? Answer: No….

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Sep 14 2021
Affirmative ActionCOVID-19Disability

ALERT: Do federal vaccine mandates apply to your organization?

President Biden announced three different federal COVID-19 (coronavirus) vaccine mandates on September 9, 2021, which may potentially affect Vigilant members. Many details have yet to be released, but here’s a summary of what we know at this point: Employers with 100 or more employees: The President is directing federal OSHA to draft an emergency temporary…

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Sep 02 2021
COVID-19DisabilityOregon

OREGON: Vaccinations required for health care and school workers

The Oregon Health Authority (OHA) recently filed temporary regulations requiring workers in health care and school settings to obtain COVID-19 (coronavirus) vaccinations by October 18, 2021, or else provide documentation of an exemption due to disability or religion. We previously reported that Governor Kate Brown had announced that these workers would have to be fully…

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Aug 19 2021
COVID-19DisabilitySafety and Health

WASHINGTON: Masks required indoors effective August 23, 2021

Governor Jay Inslee announced yesterday that all individuals, whether vaccinated or not, must wear masks when in an indoor public space beginning August 23, 2021, with limited exceptions. The Washington Department of Health responded by posting Order 20-03.4 (Face Coverings – Statewide). Significant work-related exceptions to this general requirement to wear masks indoors include the…

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Jun 03 2021
COVID-19Disability

EEOC updates vaccination guidance

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) revised its online publication, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, clarifying and building on its prior vaccination guidance (see our prior reporting on that guidance here). Although the EEOC didn’t specifically answer the question…

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May 13 2021
COVID-19DisabilityHarassment & Discrimination

WASHINGTON: New law creates more pandemic worker protections

Several important developments have recently occurred in Washington state. We're addressing the following topics in this post – find the full articles below.   New law creates more pandemic worker protections. On May 11, 2021, Governor Jay Inslee signed ESSB 5115, the Health Emergency Labor Standards Act (HELSA), creating labor standards that automatically take effect…

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Apr 15 2021
COVID-19DisabilityHarassment & Discrimination

Q&A: Voluntary vaccine incentive programs may cause discrimination

Question: We’re offering workers a bonus if they voluntarily get a COVID-19 vaccination, but some workers say they don’t want to get it because of religious beliefs or disabilities. If we don’t pay those workers the bonus, are we liable for discrimination? Answer: Yes, but by adjusting your incentive plan, you can encourage voluntary vaccination…

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Apr 15 2021
COVID-19CaliforniaDisability

CALIFORNIA: CCPA privacy notice expands to include vaccine records

We recently expanded our model data privacy notice under the California Consumer Privacy Act (CCPA) of 2018 to include vaccination records and disclosures to third parties who have a business need to know the information. See our newly revised Model Form, Notice of Data Privacy for Employees and Applicants, for example language. As we previously…

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