Information about the COVID-19 pandemic is changing rapidly, making it difficult to keep up with the latest news as it relates to protecting your employees. When it comes to keeping employees safe, your company’s rush to prevent the spread of disease may not fall in line with EEOC guidelines and best practices.
The U.S. Equal Employment Opportunity Commission (EEOC) has created a resource center to help employers and employees understand their rights amid the COVID-19 pandemic. They are continuing to update the page with new resources as they develop.
Here’s a brief breakdown of what your company can and cannot do as it relates to COVID-19 and EEOC guidelines.
Your rights as an employer
When protecting your workplace and employees, here’s what you are within your rights to do as an employer:
- Ask employees whether they have COVID-19 or symptoms of the disease if they are coming into a physical workplace
- Ask employees coming into a physical workplace if they have been exposed to someone who has COVID-19 or has symptoms of the disease
- Screen employees entering the workplace by taking their temperature
- Send home employees if they exhibit symptoms or have tested positive for COVID-19
- Prevent an employee who has tested positive for or exhibits symptoms of COVID-19 from coming to work
- Screen a new hire for COVID-19 symptoms (only if all new hires are screened as part of onboarding)
- Withdraw a job offer if a new hire has or exhibits symptoms of COVID-19
- Report to appropriate management the identity of an employee who has COVID-19 or symptoms of the disease
- Deny a remote work opportunity to an employee whose request falls into a high-risk category (e.g., aged 65+ or pregnant)
Your employees’ rights
Your employees should expect that your company would not do any of the following:
- Ask an employee working remotely if they have COVID-19 or any symptoms
- Share the identity of an employee who has COVID-19 or is exhibiting symptoms beyond necessary management
- Force employees who fall into a high-risk category to work remotely or place them on involuntary leave because they are at higher risk of contracting COVID-19
- Prevent an employee from coming into work or require him or her work remotely based on the employee's race or national origin
Extra steps you can take
There’s a big difference between staying in compliance and actively working to protect your employees. Here are some suggestions for how you can go above and beyond to support your team during this time:
- Hire qualified medical personnel for any employee screenings or medical testing related to COVID-19 symptoms.
- Review and update existing privacy policies.
- Don't store any medical information where it could be seen by others.
- Only reveal personal information about an employee when absolutely necessary and on a need-to-know basis.
- Provide reasonable accommodations to employees who have a disability that puts them in a high-risk category. If it is taking longer than expected to verify a disability, consider granting the accommodation temporarily until details are finalized.
No employer or employee was prepared for a crisis like this. That’s because no one has experienced anything like it. Managing personnel during a pandemic is difficult, but leading from a place of compassion and safety will help your employees feel at ease.
Plexus is dedicated to creating open and positive workplace cultures by protecting both employees and employers, especially as they navigate a chaotic time. Our Work Shield solution encourages workplace transparency by helping employees feel confident that they have a third-party resource should any issues arise. Learn more about Work Shield at workshield.com.
