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In conjunction with New York City’s recent employer vaccine mandate, the New York City Commission on Human Rights (NYCCHR) issued enforcement guidance on the equitable implementation of COVID-19 vaccine requirements for employees, independent contractors, and interns.

Non-discriminatory application of vaccine policies

In its guidance, the NYCCHR underscored that employers must ensure their policies and practices treat all employees evenly, regardless of protected class status, when implementing vaccine requirements. Specifically, the guidance advises that employers should not (i) scrutinize proof of vaccination more closely when it is provided by employees of a particular race, national origin, or religion based on the perception that people in those groups are less likely to be vaccinated; (ii) require proof of vaccination only for older employees or employees with disabilities based on the belief that COVID-19 is more dangerous for them; or (iii) refuse to accept certain types of valid proof of vaccination, such as official immunization records from other countries or photographs of Centers for Disease Control and Prevention (CDC) vaccination cards.

The guidance reiterates that employers are prohibited from retaliating against employees because they requested an accommodation, opposed discrimination, or filed or assisted with a claim under the New York City Human Rights Law (NYCHRL).…

Continue Reading NYC guidance addresses intersection of vaccine policies and workplace laws

On May 4, 2020, Pennsylvania Governor Tom Wolf issued a document titled “Guidance for Businesses Permitted to Operate During the COVID-19 Disaster Emergency” (the Business Guidance or the Guidance). The Business Guidance contains the latest requirements applicable to businesses during Pennsylvania’s Red, Yellow, Green phased reopening approach. These new requirements are directed at businesses already conducting in-person operations during the Red phase, and those businesses preparing to open in-person operations in counties designated in the Yellow phase. The governor’s Process to Reopen Pennsylvania has more information regarding Pennsylvania’s phased reopening approach. Briefly, in counties designated as Red phase, only businesses designated as life-sustaining or that otherwise obtained exemptions are permitted to lawfully operate. In counties designated as Yellow phase, some identified additional businesses may lawfully operate subject to certain requirements. A future Green phase would allow for all in-person business to reopen without special state requirements, subject to general adherence to guidelines in place at that time provided by health authorities such as the federal Centers for Disease Control and Prevention and the Pennsylvania Department of Health (DOH).
Continue Reading Pennsylvania’s governor issues additional requirements for businesses currently authorized to be open

On March 20, 2020, Illinois Governor J.B. Pritzker issued an executive order directing all Illinois residents to “stay at home.”  The order goes into effect on Saturday, March 21, 2020 at 5 p.m. (CT), and lasts through April 7, 2020.  Illinois now joins the ranks of California and New York, which have issued similar “stay at home” orders.

Under the order, all “non-essential” businesses must stop operating except with respect to minimum basic operations or operations consisting of individuals working from home.  “Minimum basic operations” consist of the minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’s physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions.  To the extent employees must still work, businesses must ensure they comply with social distancing requirements:

  • Designate six-foot distances with signage, tape, or by other means, to ensure employees and customers waiting in line maintain appropriate distances from one another;
  • Make hand sanitizer and sanitizing products readily available for employees and customers;
  • Implement separate operating hours for elderly and vulnerable customers; and
  • Post online whether a facility is open, and how best to reach the facility and continue services by phone or remotely.

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Continue Reading Illinois governor issues “stay at home” order in response to COVID-19