As the State of Washington considers opening businesses in a phased opening, many employees are concerned about their safety. Some will undoubtedly refuse to go back in asking for accommodation - greater safety measures or requesting to continue to work from home. What are an employee's rights? What can a employer demand? Well it depends.
Employees should understand that if they have a disability they should ask for accomadation, however the legal ADA PRECEDENT states that an EMPLOYEE IS NOT ENTITLED TO THE ACCOMMODATION OF HIS/HER CHOICE; ONLY TO A REASONABLE ACCOMMODATION
Examples of reasonable accommodations may look like:
Additional or enhanced protective gowns, masks, gloves, or other gear beyond what the employer may generally provide to employees returning to its workplace.
Additional or enhanced protective measures, for example, erecting a barrier that provides separation between an employee with a disability and coworkers/the public or increasing the space between an employee with a disability and others.
Elimination or substitution of particular “marginal” functions (whether on an alternative or temporary basis).
For example, a worker doesn't want to go to work and risk accommodation b/c my souse is a cancer survivor and infection could kill them. Normally the employer would have no requirement to accommodate that employee. However, employers should be careful there is case law supporting disability by association. Same as if a employee's souse is a nurse or doctor and other workers are afraid of exposure through that employer. to be continued....
Employees should understand that if they have a disability they should ask for accomadation, however the legal ADA PRECEDENT states that an EMPLOYEE IS NOT ENTITLED TO THE ACCOMMODATION OF HIS/HER CHOICE; ONLY TO A REASONABLE ACCOMMODATION
Examples of reasonable accommodations may look like:
Additional or enhanced protective gowns, masks, gloves, or other gear beyond what the employer may generally provide to employees returning to its workplace.
Additional or enhanced protective measures, for example, erecting a barrier that provides separation between an employee with a disability and coworkers/the public or increasing the space between an employee with a disability and others.
Elimination or substitution of particular “marginal” functions (whether on an alternative or temporary basis).
For example, a worker doesn't want to go to work and risk accommodation b/c my souse is a cancer survivor and infection could kill them. Normally the employer would have no requirement to accommodate that employee. However, employers should be careful there is case law supporting disability by association. Same as if a employee's souse is a nurse or doctor and other workers are afraid of exposure through that employer. to be continued....
Employers can get more legal information from https://www.cozen.com/coronavirus-updates
Comments
Post a Comment