By A. Scott Hecker, Brent I. Clark, Benjamin D. Briggs, James L. Curtis, Adam R. Young, Ilana Morady, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to
Continue Reading U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation
By Scott Hecker, Adam Young, Noah Finkel, David Baffa, Joshua Seidman, Laura Maechtlen, Camille Olson, Kristin McGurn, Lawrence Lorber, Brent Clark, Jim Curtis, Ben Briggs and Patrick D. Joyce
Seyfarth Synopsis: The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted
Continue Reading OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline
By Adam R. Young, Melissa A. Ortega, and Craig B. Simonsen
Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19 carve-out, but it will not go into effect until June 1,
Continue Reading A Swing and a Miss: Right to Conscience Objections to COVID-19 Vaccinations to Endure Until June 2022
Seyfarth Synopsis: On October 18, the DFEH issued Guidance which expressly approves denial of entry to individuals who cannot show a negative COVID test or proof of vaccination, refuse to have their temperature taken or respond to COVID-19 symptom screening questions, subject to providing reasonable accommodations to customers with disabilities.
In the latest COVID-related quandary, businesses
By James L. Curtis, Adam R. Young, Scott Hecker, and Craig B. Simonsen
Seyfarth Synopsis: Federal OSHA is warning Arizona, South Carolina, and Utah that they risk a federal takeover of their worker safety programs unless they adopt a federal emergency temporary standard (ETS) protecting health-care workers from COVID -19.
OSHA published its
Continue Reading Three OSHA State Plans Under Fire for Failure to Adopt COVID Emergency Temporary Standard for Health Care
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Adam R. Young, Patrick D. Joyce, Ilana R. Morady, Daniel R. Birnbaum, Scott Hecker, and Craig B. Simonsen
Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard
Continue Reading OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review
Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation.
As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy. In the nine months since President Biden took
Continue Reading Biden Department of Justice Steps up ADA Title III Enforcement
By James L. Curtis, Benjamin D. Briggs, Adam R. Young, Patrick D. Joyce, A. Scott Hecker, Ilana Morady, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: President Biden announced a six-pronged, “comprehensive national strategy” to combat COVID-19, which will include a second OSHA Emergency Temporary Standard requiring vaccines or testing.
Continue Reading OSHA to Issue New COVID Emergency Temporary Standard Mandating COVID-19 Vaccination, Testing, Paid Time Off
By James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Labelling the Delta-variant surge as the “Pandemic of the Unvaccinated,” on August 26, 2021, Illinois Governor J.B. Prtizker announced that Illinois residents must wear masks indoors, and that school and health care staff must be vaccinated.
Cook County and the City of Chicago both had
Continue Reading Illinois Governor Announces Mask Mandate for All Indoor Settings, Regardless of Vaccination
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, II. Adam R. Young, A. Scott Hecker, Ilana Morady, Patrick D. Joyce, Daniel R. Birnbaum, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Today the FDA approved Comirnaty (COVID-19 Vaccine, mRNA), previously known as Pfizer-BioNTech COVID-19
Continue Reading FDA Grants Full Approval to the Pfizer Vaccine