  Q&H Legal Update – COVID-19 – March 19, 2020

  As the impact of COVID-19 continues to spread, the local business community must be ready to
  respond in ways beyond what has been done before. Employers may need to change or expand
  some of their traditional practices, including on a daily basis. Highlights follow.

  EEOC Guidance:

  The Equal Employment Opportunity Commission enforces workplace anti-discrimination laws
  including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, including rules
  about medical examinations and inquiries. Those Acts do not prevent employers from following
  guidelines or suggestions from the CDC, WHO or state and local authorities about steps to take
  in response to COVID-19. The EEOC provides daily updates on COVID-19 at:
  https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm


  Prospective or Hiring Employers:

  - If an employer is hiring, it may screen applicants for symptoms of COVID-19 after

  making a conditional job offer but must do so for all entering employees in the same
  type of job.

  - An employer may take an applicant’s temperature after making a conditional offer

  of employment.


  - An employer may delay the start date of an applicant who has COVID-19 or

  associated symptoms.


  - An employer may withdraw a job offer when it needs an applicant to start

  immediately but the individual has COVID-19 or associated symptoms.

  Sick Leave Policy Guidance:

  Sick workers should stay at home and employers should have flexible sick leave policies. Here
  are four common sick leave policy mistakes that employers should avoid.

  - Inflexibility: Do not adopt a new policy or apply as existing policy in a way that

  pressures employees to come to work even if they feel sick.

  - Inconsistency: If an employer relaxes a current sick leave policy in response to the

  current circumstances, apply the relaxed policy consistently among all employees to
  avoid discrimination claims.


  - Ignoring Leave Laws: Do not force an employee out on sick leave to perform

  services, and pay employees who perform services while working remotely.


  - Failing to Encourage Sick Workers to Stay Home: The CDC encourages telling

  employees to stay home if they have symptoms of acute respiratory illness, a fever
  of 100.4 degrees or higher, or signs of a fever. Employees should be fever-free for 24
  hours without the use of medication before returning to work.


  OSHA Guidance:

  OSHA requires employers to protect employees against known hazards in the workplace.
  Employers subject to OSHA should review OSHA’s: Guidance on Preparing Workplaces for
  COVID-19 at:
  https://ohsonline.com/articles/2020/03/16/osha-releases-guidance-on-preparing-workplaces-
  for-covid19.aspx?admgarea=ht.HealthCare


  Querrey & Harrow, Ltd. is ready to assist you in meeting these
  requirements. For more information contact David Neumeister
  (dneumeister@querrey.com / 312-540-7554).

  These materials have been prepared by Querrey & Harrow, Ltd. for
  informational purposes only and are not legal advice. This information is not
  intended to create, and receipt of it does not constitute an attorney-client
  relationship. Recipients should not act upon this information without seeking
  professional counsel. Do not send us information until you speak with one of
  our attorneys and obtain authorization to send that information to us.

Added by changedetection.io: Document checksum - 72C293C5BDC29E899098F77B5DAF7359 Original file size - 48516 bytes
