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ARTICLE · 14 NOVEMBER 2024

Littler Lightbulb: October Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

United StatesEmployment and HR

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Ninth Circuit Reinstates Law Prohibiting Discrimination in Healthcare Settings Based on Vaccination Status

In 2021, Montana enacted legislation, Montana Code Section 49-2-312, prohibiting discrimination in employment based on vaccination status. In December 2022, the Montana federal district court permanently blocked enforcement of the law in healthcare settings, finding the law unconstitutional and preempted by the ADA and OSHA. Healthcare providers and others appealed the decision to the Ninth Circuit, arguing that by preventing Montana healthcare providers from knowing healthcare employees' vaccination status, the law violated the ADA and OSHA. In healthcare settings, the plaintiffs argued, employers are required to know employee vaccination status to furnish ADA accommodations for patients and employees with

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