ARIZONA CORPORATE COUNSEL AWARDS
HOUSE RULES Despite abundant challenges, in-house counsel can chart a new path in 2021
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021 will bring a slew of new challenges for inhouse counsel, including those brought on by COVID-19. Whether it is complying with new state laws, mitigating risk relating to the spread of a deadly virus, or helping further integrate legal departments into global business teams, counsel are going to face never-before-seen issues and should determine how they emerge from this pandemic while charting a new path.
Courtney Beller Law
Vaccines In-house labor and employment counsel are and will continue to grapple with numerous overlapping legal challenges as a result of the pandemic. One example is vaccines — who can be required to get them, who can’t, and whether a company should require them at all. The EEOC clarified that companies can require employees to get the COVID-19 vaccine, subject to certain exceptions for sincerely held religious beliefs and medical issues as addressed by the Americans with Disabilities Act (ADA). Companies will have to make reasonable accommodations for any ADA-qualifying employees; however, whether allowing an employee to forgo the vaccine as an accommodation is reasonable is an issue that will depend on the relevant industry and the employee’s role. Companies will also need to consider the risk of alienating workers with a vaccine requirement and whether they can afford to lose workers if some or all refuse to comply. Drug policies Another issue in-house labor and employment counsel will have to navigate is recent changes to various state drug laws. In November 2020, for example, Arizona voters passed legislation decriminalizing the use of recreational marijuana. As these laws come into effect, in-house counsel will need to review their drug use and testing policies to consider how, if at all, they need to adapt to the changing legislative landscape.
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AB | March - April 2021
