Subject: GEA Newsletter

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Newsletter #55
May 9, 2019
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Can Employers Require Measles Vaccines?

The recent measles outbreak, resulting in mandatory vaccinations in parts of New York City, raises the question of whether employers can require that workers get the vaccine to protect against measles, mumps and rubella (MMR) or prove immunity from the illness.

The answer generally is no, but there are exceptions.

Offices and manufacturers probably can’t require vaccination or proof of immunity because the Americans with Disabilities Act (ADA) generally prohibits medical examinations—unless the employer is in a location like Williamsburg, the neighborhood in Brooklyn where vaccinations are now mandatory. Health care providers, schools and nursing homes, however, probably can require them because their employees work with patients, children and people with weak immune systems who risk health complications from measles.

But even these employers must try to find accommodations for workers who object to vaccines for a religious reason or because of a disability that puts them at risk if they’re vaccinated, such as having a weak immune system.

For the full article and analysis, click the below button.


Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection for Calendar Years 2017 and 2018

EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, in light of the court's recent decision in National Women's Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.). 

The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July, 2019, and will notify filers of the precise date the survey will open as soon as it is available.
Very Interesting! EEOC Releases Official FY2018 Charge Stats

Most charges were down, but sex harassment, LGBT charges were up.

On Wednesday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through September 30, 2018.

According to Law360, EEOC charges in FY 2018 were at their lowest level since 2006. Yes, 2006. When George W. Bush was President of the United States. Before the Americans with Disabilities Act was amended. Long before #MeToo. The year that my 31-year-old graduated from high school. *sniffle*

All of which is wonderful news for employers, but the news wasn’t completely good. Sexual harassment charges increased by 13.6 percent compared with FY 2017, and the monetary relief obtained by the EEOC in sexual harassment charges increased by more than 20 percent. I have a theory about that and a prediction, which I’ll save until the end of this post.
There was also an increase in the relatively low number of LGBT discrimination charges filed (a subset of sex discrimination), and an increase in the monetary relief obtained.


Click on the below button to read the full article and statistics. 

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