The Employer Handbook Blog

Nine reasons why it’s unlikely that any court will overturn your employer’s mandatory vaccine policy.

September 28, 2021 | by Eric B. Meyer

SELF Magazine, CC BY 2.0, via Wikimedia Commons

Yesterday, I read two more decisions (here and here) from federal judges evaluating mandatory vaccination policies. Both involved attempts by plaintiffs to obtain a preliminary injunction to avoid getting the jab. One involved a student at a public university; the other involved many healthcare workers at a local hospital. Neither was successful — not even close.

Here are nine reasons the lawsuits failed and why future efforts will likely be just as unsuccessful.

NEW: Details on the White House COVID-⁠19 vaccine mandate for federal contractors

September 27, 2021 | by Eric B. Meyer

Image by Gerd Altmann from Pixabay

If your company (regardless of employee headcount) performs work on federal government contracts, then the government has some additional information for you on mandatory COVID-19 vaccinations and masking. And I’m here to fill you in on the three high points. Continue reading

Lesbian coach is reinstated after outpouring of support from students, parents, and alums

September 24, 2021 | by Eric B. Meyer

Henning Schlottmann (User:H-stt), CC BY-SA 4.0, via Wikimedia Commons

Over at the FisherBroyles Employment Law Blog, my partner, Amy Epstein Gluck, wrote here about a recent federal court finding that a Catholic school could not avoid discrimination claims after firing a gay teacher from a secular position.

Serendipitously, I just read a story about a lesbian seeking to become a women’s lacrosse coach at a Catholic high school. The school initially withdrew the offer. But, this story has a happy ending. Continue reading

Someone came to work in blackface as Rosa Parks to protest a COVID-19 vaccine mandate

September 23, 2021 | by Eric B. Meyer

Image by Wokandapix from Pixabay

I’ll give you a few seconds to pick your jaws up off the floor before I continue. Continue reading

What happens when leaders flout the COVID-19 rules that they purport to impose on everyone?

September 22, 2021 | by Eric B. Meyer

Image by Venita Oberholster from Pixabay

Several states and cities require that individuals wear masks in indoor public places, regardless of vaccination status. Independent of any state or local law, many businesses require the same. In either case, you’d think that not only would those rules apply to everyone, but leaders would lead by example.

Yeah, you’d think that. Continue reading

A judge wasn’t buying a plaintiff’s religious reasons to avoid a vaccine mandate. And, sometimes, neither should you.

September 21, 2021 | by Eric B. Meyer

Image by mohamed Hassan from Pixabay

Yesterday, my friend Jon Hyman blogged about fetal stem cells and vaccine-mandate religious exemptions.

TL;DR. Any employee that refused the Pfizer or Moderna COVID-19 vaccines because they contain aborted fetal cells is full of 💩. They don’t. Consequently, any religious exemption request that an employee may make on that basis is objectively wrong. Continue reading

See you in court! Arizona files the first lawsuit to stop President Biden’s OSHA vaccine mandate

September 20, 2021 | by Eric B. Meyer

Well, that didn’t take long. The State of Arizona has sued President Biden to stop his vaccination mandate for private employers. Head on over to The Employer Handbook YouTube channel (https://bit.ly/TheEmployerHandbookYouTube) for a short video update.

And while you’re there, check out the replay of “Mandatory Vaccinations At Work Just Got Real!” Shout out to Amy Epstein Gluck, David Renner, Sid Steinberg, Gordon Berger, and the nearly 900 people who tuned in to Zoom on Friday. We addressed everything relating to President Biden’s new vaccination/testing mandate.

“Mandatory Vaccinations At Work Just Got Real!” today at Noon EDT on Zoom. This is what we’re covering and how you can still sign up.

September 17, 2021 | by Eric B. Meyer

Image by torstensimon from Pixabay

Join me, Amy Epstein Gluck, David Renner, Sid Steinberg, and Gordon Berger on Zoom today at Noon EDT for “Mandatory Vaccinations At Work Just Got Real!” Five employment attorneys will address everything relating to President Biden’s new vaccination/testing mandate. You can still register for the event here.

We’ve already received a bunch of questions, based on which, we plan to cover the following: Continue reading

Eric, please elaborate on the EEOC’s new take on long COVID as a disability.

September 15, 2021 | by Eric B. Meyer

Image by Viktor Ivanchenko from Pixabay

Since you asked, sure.
Continue reading

While OSHA develops a vaccine mandate, the EEOC is now filing COVID-related lawsuits against employers.

September 14, 2021 | by Eric B. Meyer

E-A-G-L-E-S EAGLES!!! (And how ’bout ‘dem Cowboys!)

The U.S Equal Employment Opportunity Commission has said that when an employer permits employees to telework to slow or stop the spread of COVID-19, the employer has not committed itself to automatically granting telework as a reasonable accommodation to every employee with a disability who requests to continue this arrangement as an accommodation under the Americans with Disabilities Act.

But, here’s the thing. Continue reading