Status Update on Federal COVID-19 Vaccine and Testing Mandates

January 07, 2022 by Ellen Aldridge posted in Risk Management

Navigating the ever-changing COVID-19 safety rules has been a compliance nightmare for employers.

Now, hopefully, there will be some certainty for larger employers and those in the healthcare industry as the legality of the federal government’s COVID-19 vaccine and “vaccinate or test” mandates will finally be decided by the U.S. Supreme Court.

At issue are two separate orders:

    • The Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), which applies to employers with over 100 workers.
    • The Center for Medicare & Medicaid Services’ (CMS) healthcare mandate, which is specific to the healthcare industry.

While OSHA’s ETS gives employers the option to test unvaccinated employees for COVID-19, the CMS mandate does not allow for a testing option and requires a vaccination for all covered workers.

OSHA ETS
While prior courts had issued a nationwide stay on the enforcement of the OSHA ETS, on December 17, the Sixth Circuit Court of Appeals reversed course and dissolved the stay, clearing OSHA to enforce the ETS across the country.

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Accommodating Job Candidates with Disabilities

August 19, 2021 by Siobhan Kelley posted in Risk Management

A well-qualified applicant applies for a job at a nonprofit and lands an in-person interview. The applicant explains that their service dog will accompany them. The hiring manager is left with questions: Does the manager have to agree? Does this entail agreeing to permit the service dog in the workplace if the applicant is hired? Can the manager ask the applicant about the service dog in the interview? The manager just doesn’t know how to handle the situation, reasoning that avoidance is the least risky approach.

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What’s Wrong with Hiring a Family Member to Work Under the Supervision of Another Family Member?

August 17, 2021 by Mike Bishop posted in Risk Management

To answer that question, let’s take an example: A social service nonprofit has a very talented manager who has been with the nonprofit for several years. The manager supervises approximately 10 staff members, most of whom have at least 3 years of experience in this field and a master’s degree in social work.

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An Inclusive Workplace is an Accessible Workplace: Understanding Terminology and Reasonable Accommodations within the Americans with Disabilities Act (ADA)

June 25, 2021 by Siobhan Kelley posted in Risk Management

If you want to overwhelm a nonprofit manager, tell them an employee has requested an accommodation for a disability, and ask them to find out the organization’s obligations. When managers face trying to navigate a confusing web of laws, a common result is to just reject the employee’s request. Nonprofits may have the best of intentions when drafting enthusiastic and inclusive policies, but these goals are abandoned when managers become overwhelmed by the process or fear of lawsuit. By breaking down the terminology used in federal workplace disability law, we hope to encourage nonprofits to navigate these issues with more confidence. This not only creates a more inclusive workplace, it increases retention and productivity, as well as broadening the pool of employees that your nonprofit hires from.

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Preventing Workplace Sexual Harassment Through Leadership

May 12, 2021 by Mike Bishop posted in Risk Management, Member Resources

According to the Equal Employment Opportunity Commission (EEOC): “Harassment in the workplace will not stop on its own—it’s on all of us to be part of the fight to stop workplace harassment. We cannot be complacent bystanders and expect our workplace cultures to change themselves.”

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