Many companies have started the gradual process of returning to work, whether it be using a physical office or fully transiting to an off-campus location. As they do so, there is a concern that employees might not be invited back right away.
When companies do start bringing back workers, there is a possibility that they would emphasize certain employees coming back first over others. This could potentially lead to an issue of discrimination. An example of this would be if a restaurant opened and only half the staff was allowed back. There would be a decision on whether or not a group will be brought back. This leaves some employees out of work for longer than others, giving rise to potential EPL lawsuits around discrimination and the methods used to decide when and which employees to call back. It is very important that age, race, gender, disability and parental status not be used in that decision process to avoid disparate discrimination among the workforce.[1] This discrimination could also extend to those who previously had the virus and survived that are now being ostracized by those who haven’t had it.
In the times ahead, employers must walk a tightrope on how to reopen and how to rehire their employees. This also means protecting your employees in case there’s an outbreak. Continue to be vigilant and know your rights as employer and employee.
[1] https://www.insurancebusinessmag.com/us/news/professional-liability/high-risk-of-discrimination-claims-as-employees-return-to-work-226093.aspx
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