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EEOC Issues Updated COVID-19 Technical Assistance
Provides Additional Information on Equal Employment Opportunity Laws and Religious Objections to Workplace Vaccine Requirements

Press Release from the U.S. Equal Employment Opportunity Commission (EEOC):

WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today posted updated and expanded technical assistance related to the COVID-19 pandemic, addressing questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity (EEO) laws.

The expanded technical assistance provides new information about how Title VII of the Civil Rights Act of 1964 applies when an applicant or employee requests an exception from an employer’s COVID-19 vaccination requirement that conflicts with their sincerely held religious beliefs, practices, or observances. Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin.

“This update provides employers, employees, and applicants with important assistance when navigating vaccine-related religious accommodation requests,” said EEOC Chair Charlotte A. Burrows. “Title VII requires employers to accommodate employees’ sincerely held religious beliefs, practices, and observances absent undue hardship. This update will help safeguard that fundamental right as employers seek to protect workers and the public from the unique threat of COVID-19.”

The key updates to the technical assistance are summarized below:

  • Employees and applicants must inform their employers if they seek an exception to an employer’s COVID-19 vaccine requirement due to a sincerely held religious belief, practice, or observance.
  • Title VII requires employers to consider requests for religious accommodations but does not protect social, political, or economic views, or personal preferences of employees who seek exceptions to a COVID-19 vaccination requirement.
  • Employers that demonstrate “undue hardship” are not required to accommodate an employee’s request for a religious accommodation.

The EEOC is providing this information to the public as many employers are requiring employees to be vaccinated against COVID-19 as a condition of their employment.

This technical assistance answers COVID-19 questions only from the perspective of the EEO laws. Other federal, state, and local laws come into play regarding the COVID-19 pandemic for employers, employees, and applicants. As new developments occur, the EEOC will consider any impact they may have on EEOC’s COVID-19 technical assistance and will provide additional updates and assistance to the public as needed.

More information about the civil rights implications of the COVID-19 pandemic is available in the record of the EEOC’s April 28, 2021 hearing on that topic.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information about the EEOC’s work generally can be found at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to EEOC’s email updates.

The House Human Services Committee passed three key bills today.

House Bills 1561 and 1563 were passed unanimously out of committee. Both bills will align Pennsylvania’s confidentiality laws with federal laws. HB 1563 will effectively eliminate 4 Pa. Code § 255.5. The full House is scheduled to consider both bills tomorrow. RCPA supports both bills.

In addition, House Bill 1995 passed out of committee on a 15-10 party-line vote in which no Democrats voted for the bill. The bill would require the Department of Drug and Alcohol Programs (DDAP) to promulgate regulations in instances where DDAP is implementing new or additional licensing requirements for drug and alcohol providers; new or additional drug and alcohol staff credentialing requirements; new or additional drug and alcohol counselor staffing ratios; and new or major programmatic changes and requirements imposed on drug and alcohol facilities. HB 1995 was drafted in response to requirements that go well beyond ASAM Criteria and are being implemented by DDAP as part of its transition to the ASAM Criteria.

RCPA supports the commonwealth’s transition to ASAM Criteria but does not support the overreaching Pennsylvania-specific mandates. RCPA today issued a press release supporting HB 1995.

In a related matter, on Thursday, October 28, the Commonwealth Court of Pennsylvania will hear the Drug and Alcohol Service Providers Organization of Pennsylvania’s (DASPOP’s) lawsuit against DDAP and the Department of Human Service in its bid to stop the ASAM transition.

Contact Jason Snyder, Director of RCPA’s Drug and Alcohol Division, with any questions.

The Office of Long-Term Living (OLTL) has announced that a Financial Management Services (FMS) Stakeholder meeting has been scheduled for November 5, 2021 from 1:00 pm–2:30 pm. The purpose of this public meeting is to discuss upcoming changes for the administration of FMS under Community HealthChoices (CHC), the OBRA waiver, and Act 150 programs. Both representatives from OLTL and the CHC Managed Care Organizations (MCOs) will be in attendance. The meeting details are provided below:

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Meeting password: Stakeholder

 

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ODP Announcement 21-076 announces the release of the Office of Developmental Programs’ (ODP’s) Annual Waiting List report. The waiting list is comprised of individuals who are eligible to receive services and supports through ODP’s four home and community-based services (HCBS) waivers; however, due to insufficient waiver capacity, the state cannot currently meet their needs.

In this report, you’ll find information regarding ODP’s strategies and initiatives to address the problem. The report also demonstrates the progress that has been made since 2015 to reduce the number of individuals on the waiting list. The Annual Waiting List Report 2021 is located online at MyODP.

ODP Announcement 21-075 provides information regarding a new webcast for members of Human Rights Teams (HRT) and Human Rights Committees: “Making A Determination.” With the release of Bulletin 00-21-01 Guidance for Human Rights Teams and Human Rights Committees, the Office of Developmental Programs (ODP) released a 4-part webcast series titled “Human Rights in Depth” to provide information and support for stakeholders involved in implementing the guidance and requirements related to individual rights and restrictive procedures.

The four webcasts, which are available on MyODP, provide detailed discussion regarding the responsibilities to inform, the strategies to support people to exercise their rights, the ability to make a determination, and human rights teams and human rights committees. Following up on those webcasts, ODP is now offering members of HRTs and HRCs webinar training to delve more deeply into the process of “MAKING A DETERMINATION.”

Use the following link to register. A demographics information form and training confirmation will need to be completed before the registration link will become available.

Why Isn’t Pennsylvania Spending Most of Its Federal Stimulus Money? Democrats Cry Foul
Source: GoErie, Oct. 25, 2021

The fight in Harrisburg over Pennsylvania’s estimated $7 billion nest egg from surplus and pandemic relief funds shows no signs of ending as Democrats continue arguing that a portion should be spent now.

Republicans, meanwhile, are warning against depleting reserves for an uncertain future.

Pennsylvania received more than $7 billion under the American Rescue Plan and brought in a surprising $2.5 billion in additional sales tax revenue over the past year.

In the current state budget for the fiscal year that started July 1, the Republican-led General Assembly put $2.5 billion in the state’s dwindling “rainy day” fund that would finance state government in times of fiscal crisis.

After spending a portion of the funding, Republicans decided — over Democratic objections — to keep more than $5 billion in reserves, saying that it would help offset looming deficits in the next few annual budgets estimated to total as much as $8 billion.

Senate Democratic Leader Jay Costa of Allegheny County said the state is sitting on $5.5 billion now and with the state’s economy emerging out from under COVID-19 restrictions, the surplus could grow to nearly $7 billion by the end of the fiscal year June 30.

“By no means do we need to be hoarding $7 billion by June 30,” said Costa, who said he believes that Republicans are inflating the expected deficit levels to justify not spending funds now to help Pennsylvanians.

The money fight comes ahead of a critical election year in 2022, when all legislative seats will be on the ballot along with the governor’s seat and the U.S. Senate seat being vacated by Sen. Pat Toomey, a Republican.

House Democratic Leader Joanna McClinton of Philadelphia said it has been “frustrating” to watch neighboring states such as Ohio and New Jersey use their relief funds while a bulk of Pennsylvania’s sits untouched.

“We’d rather do things that would spur our economy,” she said.

Republican leaders have been steadfast in their stance that the reserves should not be depleted, claiming Democrats want to spend now while ignoring potential deficits that could cripple any economic recovery.

“While Pennsylvania – like much of the nation – is impacted by federal policies that have led to increased inflation, high unemployment, and economic uncertainty, it is frustrating some in the commonwealth continue to advocate for spending all the federal stimulus dollars immediately,” House Majority Leader Kerry Benninghoff of Centre County said in a statement to the USA TODAY Network’s Pennsylvania State Capital Bureau.

Democrats offer own plan 

In May, Democrats released their own blueprint for how to spend the relief money and deemed it the Pennsylvania Rescue Plan.

Highlights from that proposal include:

  • $511 million to train and pay direct care workers.
  • $500 million to create jobs and help local economies.
  • $250 million each for businesses unable to remain open or work remotely because of COVID-19, property tax and rent relief, affordable housing, hazard pay for frontline essential workers and a paid sick and family leave program

Costa said jumpstarting small businesses and getting people back to work remain priorities as does COVID-19 vaccine education, local economic growth and transportation.

That includes the Pennsylvania Turnpike Commission no longer being obligated to pay $400 million annually to PennDOT to help fund transit projects, leaving the state on the hook to replace that funding.

McClinton said Democrats aren’t intent on spending the entire nest egg: There would still be several billion dollars left to meet any future fiscal shortfalls if their spending plan was enacted.

“We definitely don’t want to waste away this one-time, major, once-in-a-lifetime investment. We want to save some as well,” she said, “but, the key is to not spend any of it? It’s just very selfish and it’s reckless because there are people who can benefit from it, even a small part of it.”

Referring to Democrats, Benninghoff said, “It is clear they have no plan to get Pennsylvania back on its feet other than throwing taxpayer dollars at problems without a path forward when that money runs out or to minimize the impact on taxpayers from economic uncertainty.”

According to the House Republican Caucus, the Legislature has spent over a $1 billion in federal relief funding, including:

  • $372 million directed to the governor to be used for ongoing pandemic response.
  • $350 million for learning loss, summer enrichment and after-school programs.
  • $282 million to help nursing homes, assisted living and personal care homes with costs related to personal protective equipment (PPE), staff testing and other pandemic related costs.
  • $279 million for transportation infrastructure.

Benninghoff said Pennsylvania’s current budget “reflects the Republican-led General Assembly’s prudent decision to put a historic amount of money in the Rainy Day Fund and reserve accounts to ensure that potential economic uncertainty from COVID-19 does not result in increased taxes for Pennsylvania families and small business job creators, who have already been financially devastated by unilateral mandates throughout the course of the pandemic.”

“Keep pushing” 

Earlier this month, the Associated Press reported that states had spent just 2.5% of their initial allotments from the American Rescue Plan, which gives states until the end of 2024 to make spending commitments and the end of 2026 to spend the money, or return it to the federal government.

As it stands now, Democrats said they will not stop calling for the Legislature to spend some of Pennsylvania’s reserves. Most recently, state Sen. Vincent Hughes, D-Philadelphia, held a “free the funds” rally in Harrisburg on Oct. 19 calling on Republicans to use the money.

“We are going to continue to make noise about it because the citizens, the neighbors, the voters need to know,” McClinton said.

Costa said he suspects there is “some degree of politics that’s playing a role” in the Republican stance with a governor’s race coming next year and the GOP hoping to pass along the funds to a Republican governor.

Elizabeth Rementer, a spokesperson for Gov. Tom Wolf, said the Democratic governor also wants more of the money to go out the door to residents, businesses and services.

She said it is “vital to the future success of our commonwealth that additional funding be allocated to address immediate and long-term infrastructure needs, to revitalize our communities, to ensure adequate and equitable funding of our K-12 publics schools and to grow our economy and support our workforce.”

Costa said he hopes to find some common ground with Republicans on issues such as business tax cuts and nursing homes that the reserves could bolster, especially with legislative elections next year.

“My guess is they’ll have targeted things that they’ll want to do that will, again, help their members go out in the communities and say, ‘We did x, y and z,’” he said.