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The Fifth Circuit Court of Appeals Wastes No Time in Issuing a Temporary Stay with Respect to the OSHA Emergency Temporary Standard Regarding Vaccination

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November 06, 2021 John C. Gardner Temporary Stay COVID-19 OSHA ETS

On Saturday, November 6, 2021, only one day after the OSHA ETS was published in the Federal Register, the United States Court of Appeals for the Fifth Circuit (the “Court”) issued an emergency stay of OSHA’s ETS regarding vaccination pending further legal briefing and action by the Court.

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An Employer’s Return-to-Work Reference Guide: A Quick Question and Answer Guide Regarding Eight of the Most Pressing Return-to-Work Questions Facing Wisconsin Employers during the COVID-19 Pandemic

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April 05, 2021 John C. Gardner COVID-19 Return to work

For a number of months, and especially the last few weeks, I have had an increasing number of conversations with employers regarding various concerns relating to the return of employees, including the potential to incentivize vaccines and/or request proof of vaccination, time off for vaccination, and workplace safety precautions.

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Telework As a Reasonable Accommodation in the Age of COVID-19 | The EEOC Provides Helpful Guidance, But Employers, Especially Those with Wisconsin Employees, Should Remain Cautious

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September 14, 2020 John C. Gardner COVID-19 Remote Work Telework EEOC Guidance

Employers that have granted (or have been required to grant) employees the ability to telework as a result of concerns relating to COVID-19 are not “automatically” required to grant telework as a reasonable accommodation under the Americans with Disabilities Act.

Unfortunately, Wisconsin employers face additional risks as a result of the accommodation requirements imposed by the Wisconsin Fair Employment Act (“WFEA”). 

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