Hello Nonprofit Leaders and Supporters,
Congressional leaders are finalizing the terms of a COVID relief deal as I write this. Networked with thousands of nonprofits across America through our colleague state associations and in coordination with national nonprofit leadership coalitions, we are focusing collectively to make urgent requests of Congress for the three priorities below. We recognize that we’ll have the opportunity in the new year to push for our other big-issue items.
Please send this short message to our two U.S. Senators and your U.S. Representative (you can find them here):
Dear Senator/Representative,
As negotiators finalize language for the bi-partisan COVID relief bill – nonprofit organizations urgently request inclusion of these three priorities:
- The second draw of PPP has included onerous provisions that would deny entry by nonprofit organizations. The subsections of Section 1102 (I) Small Business Recovery Second Draw on SBA size and gross receipts should not apply to a “nonprofit organization” as defined in Section 7(a) of the Small Business Act 3 (15 U.S.C. 636(a) as amended).
- Increase federal coverage of benefits paid to laid-off and furloughed employees of self-insured or reimbursing employers from 50% to 100%. This important coverage would impact not only thousands of nonprofits but also tribal and local county and municipal governments.
- The Employee Retention Tax Credit is a refundable tax credit against certain employment taxes equal to 50 percent of the qualified wages an eligible employer pays to employees after March 12, 2020, and before January 1, 2021. It was hugely successful in supporting nonprofit employers that were not eligible for PPP loans earlier in the year. Please extend the ERTC in this new measure.
Please act now, so that they hear your voices!
As we push strongly for Congressional leaders to do the right thing in the COVID relief bill, the outcome of which will be critically important for nonprofits as we finish out 2020 and look ahead to 2021, I want to share that NAO has just dropped the latest episode of our The Public Space podcast. The topic is “Recapping 2020 and Looking Ahead to 2021” and I partner with Jenn Clemo, Executive Director of the Center for Nonprofit Stewardship and soon-to-be NAO's Director of Nonprofit Leadership and Resources. Jenn and I together recap 2020 and discuss why and how we took the bold step of combining our organizations this year. We also look at what factors and influences will shape the nonprofit sector’s landscape in 2021 and how nonprofits can approach the new year. I am excited to be working alongside Jenn and Jess Hampton who also is joining the NAO Team from CNS. They are continuing their fantastic work in service to Oregon nonprofits! Be sure to check out NAO’s latest episode – subscribe to The Public Space today wherever you get your podcasts.
Stay safe and healthy,
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Jim White
NAO Executive Director
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Of Special Interest
As Oregon begins to receive some of the very first COVID-19 vaccines, it is important that nonprofit employers understand if they can require employees to get the vaccine. The Equal Employment Opportunity Commission (EEOC) updated its guidelines (Section K) regarding vaccinations in the workplace.
Under the ADA, if an employee discloses they have a disability that prevents them from receiving the vaccine an employer is required to engage in the interactive process and make a reasonable accommodation, unless doing so would create an undue hardship or result in a direct threat to the health and safety of the employee or others. Accordingly, if an employer chooses to require employees to receive a COVID-19 vaccine and an employee requests to not receive the vaccine due to a disability, the employer must engage in the interactive process to determine if not receiving the vaccine would be a reasonable accommodation. If an employer determines that exempting the employee from the vaccination would be an unreasonable accommodation or pose a direct threat to the safety of the employee or others, it should consider other accommodations such as working remotely.
Similarly, if an employee requests an exemption from the vaccine due to their sincerely held religious beliefs, Title VII would require the employer to consider whether such an accommodation would create an undue hardship for the organization. Courts have defined “undue hardship” under Title VII as having more than a de minimis cost or burden on the employer.
The EEOC also confirmed that employers can require proof of vaccination. However, employers need to be sure to let employees know not to provide any other medical information beyond a simple confirmation from their healthcare provider or pharmacy that the employee received the vaccination in order to manage risk related to the ADA and the Genetic Information Non-Discrimination Act (GINA).
Employers should also consider other impacts beyond the law. For example, if requiring a vaccine, it should be done in a manner in which all employees have equal access to the vaccine. Employers should also consider associated costs, which could result in inequities amongst employees. Employers may also want to prioritize certain groups of employees such as those that are required to be in the physical workplace where the risk of spread may be greater than employees working remotely.
Before making any decisions regarding mandating a COVID-19 vaccination, employers should take careful consideration and seek advice.
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Advocacy Issues at the Federal Level
The latest information we have is that there is preliminary agreement on a $1.4 trillion omnibus spending bill. The negotiators are very close to wrapping up the details of $900 billion in COVID relief. Word is that the congressional leaders agreed to leave out state and local funding or liability protections, saving those high-priority items for next year. They reportedly have agreed to stimulus checks of between $600 and $700 for adults earning up to a certain amount and to supplemental unemployment checks of $300 per week. Any other issues remain unclear or in flux. We believe efforts to raise the profile of nonprofit policy priorities may be paying off in terms of language related to Paycheck Protection Program second-draw loans.
Timing: We’re all awaiting word that a deal has been struck and that legislative language will be available at a time certain. The best-case scenario would have the mammoth bill introduced tonight with a House vote on Friday and the Senate pass it shortly thereafter. Such lightning speed is unlikely. Leader McConnell has told Senators to be prepared to be in session through the weekend. Final votes on Monday or Tuesday are certainly likely. All assuming they can reach a deal.
Coronavirus Relief Fund (CRF):
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Status: No word yet on how/if a COVID bill will extend the CRF past the Dec. 30 deadline. The bipartisan Senators group are proposing an extension to the end of 2021, but that provision is included in the second bipartisan bill dealing with government aid and liability protections, meaning it’s not yet included in the base bill. The nonprofit coalition we are a part of through national organizations are working to make sure the extension gets included in whatever bill is enacted.
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Question about the Deadline: The U.S. Treasury Department reportedly has moved up the deadline for states final reporting on their CRF funds to January 8. As a result, states are accelerating the deadline for nonprofits to spend funds they have received, perhaps causing even more to have to send money back to the state. Please let Tiffany Gourley Carter know if you are hearing from nonprofits about this problem?
Nonprofit Jobs Report: The monthly jobs update from Johns Hopkins is out and the numbers remain grim. As of November 2020, the nonprofit workforce remained down by nearly 878,000 jobs compared to February 2020, representing a 7% decline from its pre-pandemic level. The November numbers are a slight improvement from October, but the report estimates that pre-pandemic nonprofit employment will not recover until well into 2023. You can read more here: Nonprofit Job Recovery Rate Drops to 1.9% in November, Could take 2.4 Years to Fully Recover.
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At the State Level
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LC 10 – relating to consumable items (Restaurant Support Package)
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LC 18 – relating to residential tenancies (Eviction Moratorium and Landlord Compensation Fund)
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LC 21 – relating to claims arising during the COVID-19 emergency period (School Liability Protection)
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LC 28 – budget bill (to allocate funds to the Emergency Board for COVID, wildfire and other emergencies)
NAO believes that there are nonprofits that will be interested in LCs 18, 21 and 28. If your organization is responding to the devastation of wrought by COVID-19, involved in keeping a moratorium on evictions or education, or responding to the wildfires, please make your voice heard!
Written Testimony (posted online)
Mail: Joint Interim Committee on the Third Special Session, 900 Court Street NE, Room 453, Salem, OR 97301
Oral Testimony (live remotely)
To testify by phone or video link: register online or call 833-588-4500. Registration closes at 1 p.m. on Dec. 17 to testify that evening at 6 p.m.
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NAO thanks all of you who are responding to so many crises and disasters in our communities. We have curated a set of resources and links with our COVID-19 resources and Oregon Wildfire Response Resources pages that we’ve created to help you and your organizations navigate these difficult times.
If your nonprofit is responding to communities impacted by the fires, please be sure to connect with your FEMA coordinators (called VALs), Regional Solutions, local Office of Emergency Management, United Ways and County/Community Organizations Active in Disaster (COADs). A coordinated disaster and recovery response is imperative! Please be part of the solution by sharing what you’re doing.
You can connect to the Oregon Voluntary Organizations Active in Disasters (ORVOAD) by clicking this link and connecting to these other groups.
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Upcoming Online Sessions
Asking Through Adversity, Tuesday, January 12, 10 – 11 a.m. PT: Matt Lehrman, Co-Founder of Social Prosperity Partners, delivers a jolt of pragmatic guidance that enables nonprofit leaders and fundraisers to solidify the relationships upon which their organizations depend. He will share 12 tactics in 36 minutes provide clear guidance and vivid current examples for how to drive your organization’s sense of purposefulness through difficult times. More details and registration information here.
Virtual Volunteerism, Thursday, January 14, 10 – 11 a.m. PT: Janet Capetty, Founder of Take FIVE Training, will discuss how to engage your dedicated volunteers in person, to think differently, and consider ways in which to keep volunteers active virtually. More details and registration information here.
Mindful Inclusive Leader-Shift, Thursday, January 21, 10 – 11 a.m. PT: Today’s climate is demanding an urgent SHIFT in the way we lead. Natalie Matias, Global Meditation Coach, Facilitator, and Consultant and Lillian A. Tsai, Founder and Principal at TsaiComms LLC will discuss how to apply an integrative approach using mindfulness with inclusive leadership practices, to begin cultivating the necessary capacity and resilience to be mindful and inclusive leaders to shift, survive, and thrive. More details and registration information here.
Virtual Project Impact Cohort, February 16 through August 17, 2021: Join Steve Patty, Ph.D. from Dialogues in Action for a Project Impact Cohort consisting of seven virtual half-day graduate-level sessions over seven months, individualized coaching for each organization, resulting in qualitative and quantitative findings to demonstrate and improve impact. There are openings for up to 12 teams. The deadline to apply is January 15, 2021. Learn more and apply at: https://www.projectimpactpdx.com/
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Thank you to the following SUPPORTERS and SPONSORS who are supporting NAO’s online events and communications during these challenging times. Their support is vital in helping NAO to bring much-needed resources and information to Oregon’s nonprofits – thank you. |
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