While we won’t be returning to work anytime soon, it never hurts to start thinking about the policies that will need to be in place to ensure a safe and healthy workforce. Returning to the workplace has many potential pitfalls for both employers and employees, particularly when there are employees with preexisting conditions or in high-risk groups. If employers are not careful, they may invite an Americans with Disabilities Act (ADA) suit by requiring employees to report medical information, or unfairly denying a request for a reasonable accommodation. Additionally, creating different guidelines for return based on protected classes (like age) also creates the risk of an Equal Employment Commission investigation or lawsuit.
The Equal Employment Opportunity Commission has released several statements intended to guide employers in developing return-to-work policies and in rolling out those programs. Here’s a brief overview of what you need to know.
1. Employers can require fever checks for their workers and ask if they have recently experienced symptoms of COVID-19. While normally medical information is off-limits for employers, because the Centers for Disease Control recommend that workers with symptoms of COVID-19 should stay home, employers can screen for those symptoms and send home workers who have them. However, employers must ensure that these measures are carried out equally, for all employees. If testing is implemented such that people of certain demographics are tested to a greater degree (for example, people over the age of 50, or people of Asian descent), discrimination laws will permit these employees to challenge the screening.
2. Information gathered from these screenings can be stored, so long as confidentiality is maintained. All medical information must be kept confidential. Additionally, an employer may not inquire about whether a family member has been diagnosed.
3. Employers can require employees to comply with safety precautions recommended by the CDC, including wearing facemasks and remaining 6 feet apart. If your state or city has imposed additional precautions, an employer can also require such precautions of employees. Again, this must be a rule that applies to each and every employee in the same manner, without singling out anyone.
If you are an employer trying to navigate reopening your office, you don’t have to figure it out on your own. Set up an appointment today to talk about your plans for reopening.
