In the COVID-19 recession, many employers made reductions in force en masse, thus avoiding selection decisions that might be challenged as discriminatory. If the same employers recall or rehire employees en masse, they will continue to avoid such decisions. But what if the employer’s need to recall or rehire is partial or gradual, such that some employees are brought back before others? Such choices can give rise discrimination claims. To protect itself, an employer will need to apply and document a non-discriminatory method of choosing among employees.
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Recalled Workers Don’t Want to Return Because of Health Risks or Child Care – Now What?
As businesses slowly begin to reopen, workers are being recalled to the workplace. Some of them are expressing reluctance to return due to increased health risks from COVID-19 based on underlying medical conditions or age. Others are struggling with child care issues as schools remain closed for the remainder of the academic year and summer care programs are canceled. Some employers have asked what are their obligations to such workers under the law? Can they terminate them, or do they have to accommodate them?
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WFH Dress Codes?
I have been working from home for about five weeks now. It has been an adjustment, and I have read my fair share of articles about Work From Home tips to assist with this adjustment. Some tips I have found helpful; others not so much.
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Updated Workplace Cleaning Guidelines from the CDC and a New OSHA Poster!
The Centers for Disease Control recently updated its guidelines for cleaning and disinfecting, including those that apply to employers. These guidelines address proper disinfectant techniques and solutions, and specifically advise how to clean soft surfaces (i.e., carpeted floors, rugs, and drapes), electronics, and laundry. The CDC’s guidelines also address the appropriate steps to take if an individual in your building or facility tests positive for COVID-19.
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The EEOC Weighs in on COVID-19
The Equal Employment Opportunity Commission has now directly addressed the coronavirus (COVID-19) outbreak by issuing “What You Should Know About the ADA, the Rehabilitation Act and the Coronavirus.” In this release, the EEOC noted that the rules under the Americans with Disabilities Act and the Rehabilitation Act (the counterpart to the ADA for federal employees and contractors) still apply, but do not interfere with workplace guidance from the Centers for Disease Control (CDC) (which we discussed in detail in our February 2020 Top Tip).
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