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CDC REVERSES COURSE ON MASKING GUIDANCE AND MORE BREAKING COVID NEWS FOR EMPLOYERS

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    CDC Reverses Course and Recommends Fully Vaccinated Individuals in “Substantial” and “High” Transmission Areas Continue to Wear Masks

    Authors: Kevin Troutman, Samantha Monsees, Patrick Dennison, Emily Litzinger and Megan Janes

    The U.S. Centers for Disease Control and Prevention (CDC) announced yesterday that the agency now recommends that people in areas with “substantial” and “high” COVID-19 transmission should wear masks indoors, regardless of vaccination status. This announcement reverses the CDC’s May 13 guidance that vaccinated people do not have to wear masks in non-healthcare settings. The updated guidance comes on the heels of what some call the third (or fourth) surge of COVID-19 infections due to the highly transmissible Delta variant, which CDC Director Dr. Rochelle Walensky indicated behaves “uniquely differently” from prior virus strains. While Director Walensky stressed that the vast majority of severe illness and death is among unvaccinated people, she also indicated data shows breakthrough infections can happen in 1 out of 10 vaccinated individuals in a “substantial” or “high” transmission area.  So what does this mean for employers and your masking policies?

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    Employers Get Even More Support for Mandatory COVID-19 Vaccines From Department of Justice

    Authors: Kevin Troutman and Richard Meneghello

    Bolstering the renewed emphasis on increasing the number of people who have been vaccinated against COVID-19, a recent memo from the U.S. Department of Justice (DOJ) that just became public confirms that the “emergency use” status of vaccines does not prohibit employers, universities, or other entities from requiring them. Although not legally binding, the DOJ’s position revealed on July 26 undercuts a fundamental argument presented in lawsuits challenging vaccination mandates – and provides further support for employers considering or implementing a vaccine requirement. What do employers need to know about this latest development?

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    In it for the Long Haul? White House Seeks to Provide ADA Coverage to Those With “Long COVID”

    Author: R. Bryan Holbrook

    While employers are excited to see many their employees return to work following prolonged absences due to the pandemic, one unfortunate consequence is that disability discrimination and failure-to-accommodate claims are likely to increase further in 2021. President Biden just announced his administration’s intent to apply federal disability discrimination law protections to individuals suffering from “long COVID.” Faced with yet another effort to increase the scope of the Americans with Disabilities Act (ADA), it is critical for employers to understand the impact of the newly published July 26 Joint Guidance, the distinction between a typical COVID-19 diagnosis and a long COVID diagnosis under the ADA, and the steps that should be taken now to ensure compliance and mitigate risk.

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    California to Require Healthcare Providers and State Employers to Ascertain Employee Vaccination Status

    Authors: Alyssa Graf and Samantha Monsees

    Not vaccinated yet? Do you work for a healthcare provider in California or the State of California? Then be prepared to get tested for COVID-19 on a weekly basis for the foreseeable future. In an effort to increase the number of vaccinated individuals in California, Governor Newsom just announced that the state will soon require all healthcare workers and state employees to show proof of a COVID-19 vaccination or be subjected to weekly testing. In doing so, Governor Newsom is “implementing first-in-the-nation standard to require all state workers and workers in health care and high-risk congregate settings to either show proof of full vaccination or be tested once per week, and encourage all local government and other employer to adopt a similar protocol.” What do you need to know about this July 26 announcement?

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    CGRS
    Eaton