The Fifth Circuit found OSHA exceeded its statutory authority in issuing the November 5, 2021, Emergency Temporary Standard applying COVID vaccination measures to all employers with 100 or more employees.
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As of August 13, 2021, OSHA recommends all workers--even those fully vaccinated--should wear masks indoors in areas of "high" or "substantial" community transmission rates.
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On February 25, 2021, the Labor Department’s Office of Inspector General (“DOL”) released an audit report (“Audit Report”) with a recommendation that the Occupational Safety and Health Administration (“OSHA”) issue mandatory COVID-19 safety rules for employers.
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On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) published updated guidance titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”
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According to the New York Times’ Coronavirus Tracker, five COVID-19 vaccines are already approved for early or limited used. As vaccines become approved for full use through further clinical trials, employers may contemplate whether they can make vaccines a mandatory condition of employment.
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On April 10, 2020, the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) issued interim guidance clarifying OSHA’s recordkeeping requirement as it relates to recording cases of COVID-19.
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The U.S. Center for Disease Control (“CDC”) has published an Interim Guidance for Businesses and Employers to plan and respond to the Coronavirus (COVID-19), outlining how employers can best prepare and respond to the outbreak.
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With the release of a Justice Department memo on October 5 titled “Revised Treatment of Transgender Employment Discrimination Claims,” signed by Attorney General Jeff Sessions, the Trump administration has cast aside any uncertainty about its position of federal protections for transgender workers. Referring specifically to Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination on the basis of sex, the memo asserts that federal civil rights law does not protect transgender people from discrimination at work. The memo was sent to all U.S. attorneys and the heads of all federal agencies.
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