In a November 4, 2021 opinion, the US Court of Appeals for the Second Circuit upheld New York's vaccine mandate for healthcare workers. As a threshold question, employers will need to decide whether to require employees to be vaccinated or instead to make vaccination voluntary.Employers must give employees up to 4 hours of paid leave per COVID-19 vaccine injection. OSHA will issue ETSs mandating employers with 100 or more employees require employees to either be vaccinated or submit to weekly testing. ADA Exemption: The employee has a disability which prevents them from receiving the COVID vaccination. Vinson that workplace harassment can constitute unlawful discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). Alleged that a hospital system's vaccine policy violated. Title VII and the Illinois Health Care Right of Conscience. Act. Similar to independent contractors, volunteers are not considered "employees" under Title VII or the ADA. Public sector employment and labor laws present a unique set of issues in managing employer-employee relations in the public sector.