It may, once again, be time for employers to review and update their COVID-19 workplace safety policies.
Employers who have been nervous about implementing or enforcing new vaccination policies should be relieved to see the updated technical guidance issued on May 28, 2021, by the Equal Employment Opportunity Commission (“EEOC”).
There are still many unknowns when it comes to the long-term health impacts of COVID-19 infections.
Suppose a union asks their bargaining unit’s employer for a list of names of all employees who have been exposed to or tested positive for COVID-19: Must the employer provide the requested medical information?
In its COVID-19 Q&A guidance, the EEOC has concluded that, while an employer may require reliable virus testing as part of its workplace screening procedures, COVID-19 antibody tests are not similarly permissible, at least for the time being.
The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to the extent necessary to protect the workforce from COVID-19 exposure and should keep those records confidential.
I recently had occasion to write about cities and states revisiting their laws related to obesity as a protected characteristic and the potential for liability for disability discrimination on the basis of perceived obesity.