The U.S. COVID-19 Public Health Emergency will end on May 11, 2023, one week after the World Health Organization determined that COVID-19 is no longer a Public Health Emergency of International Concern. On that same day, the Biden-Harris Administration has announced it will end COVID-19 vaccination requirements for federal employees, federal contractors, and international air travelers. The Administration also announced that the Department of Health and Human Services and the Department of Homeland Security will start the process to end their vaccination requirements for Head Start educators, healthcare facilities certified by the Centers for Medicare & Medicaid Services (CMS), and certain noncitizens at the land border.

COVID-19 still exists but like all emergencies, the COVID-19 Public Health Emergency was never intended to last forever. Thankfully. We will undoubtedly continue to see occasional upticks of COVID-19 infections. But for now, the CDC’s COVID-19 Community Levels map shows low levels across almost the entire U.S. except for scattered small, pockets of medium and high levels. And with more people having some level of immunity either due to past exposure, vaccination, or a hybrid mix of both, and with the increased availability of therapeutics, COVID-19 presents a lower risk of severe illness across the United States. As explained recently by the CDC:

The United States has mobilized and sustained a historic response to the COVID-19 pandemic. As a nation, we now find ourselves at a different point in the pandemic – with more tools and resources than ever before to better protect ourselves and our communities.

The end of the U.S. Public Health Emergency does not mean the end of all COVID-19 regulation.  Some state and local requirements remain in place. But it is a good time for employers who might still have COVID-19 protocols in place to assess whether those protocols still make sense for their workplace in light of our current COVID-19 circumstances. Policies like testing and vaccination, and some accommodations, should be reviewed for legal compliance given the changes. The end of the Public Health Emergency provides employers a good opportunity to communicate with employees regarding what to expect in the workplace on a going forward basis and hopefully start to put the COVID chapter behind us.

Please reach out to the Jackson Lewis attorney with whom you regularly work to discuss all these issues.

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Photo of Katharine C. Weber Katharine C. Weber

Katharine C. Weber is a principal in the Cincinnati, Ohio, office of Jackson Lewis P.C. and co-leader of the firm’s Disability, Leave and Health Management (DLHM) practice group.

Photo of Jenifer M. Bologna Jenifer M. Bologna

Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C. She focuses much of her practice on assisting multi-state employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which they operate.

Photo of Patricia Anderson Pryor Patricia Anderson Pryor

Patricia Anderson Pryor is the office managing principal of the Cincinnati, Ohio, Dayton, Ohio and Louisville, Kentucky offices and is also a client solutions leader of Jackson Lewis P.C. Patty is an experienced litigator in both state and federal courts, representing and defending…

Patricia Anderson Pryor is the office managing principal of the Cincinnati, Ohio, Dayton, Ohio and Louisville, Kentucky offices and is also a client solutions leader of Jackson Lewis P.C. Patty is an experienced litigator in both state and federal courts, representing and defending employers in nearly every form of employment litigation, including class actions.

Photo of Joseph J. Lynett Joseph J. Lynett

Joseph J. Lynett is a principal in the New York City, New York, office of Jackson Lewis P.C. He is co-leader of the Disability, Leave and Health Management (DLHM) practice group and leads the Disability Access and Litigation Compliance (DALC) service group. His…

Joseph J. Lynett is a principal in the New York City, New York, office of Jackson Lewis P.C. He is co-leader of the Disability, Leave and Health Management (DLHM) practice group and leads the Disability Access and Litigation Compliance (DALC) service group. His practice focuses on assisting employers, businesses, and educational institutions in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees, as well as disabled students and members of the public.

Joe defends employers, business and educational institutions in federal and state courts and before administrative agencies, including the U.S. Equal Employment Opportunity Commission, New York State Division of Human Rights, the New York City Commission on Human Rights, and the U.S. Departments of Labor and Education involving claims of disability discrimination arising under federal, state and local law, including Title I and III of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the Family and Medical Leave Act, and analogous state and local disability discrimination and public accommodation laws.

Photo of Richard I. Greenberg Richard I. Greenberg

Richard Greenberg is a principal in the New York City, New York, office of Jackson Lewis P.C.

Photo of Tasos C. Paindiris Tasos C. Paindiris

Tasos Paindiris is a Principal in the Orlando, Florida, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. Mr. Paindiris assists employers in complying with the challenging array of federal and state laws that protect…

Tasos Paindiris is a Principal in the Orlando, Florida, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. Mr. Paindiris assists employers in complying with the challenging array of federal and state laws that protect injured and ill employees, the most notable being the Americans with Disabilities Act and the Family and Medical Leave Act.

Learn more about Mr. Paindiris on the Jackson Lewis website.