COVID-19 and Workplace Liability: Selected Issues Under Antidiscrimination Laws

The COVID-19 pandemic has forced unprecedented workplace changes and raised a host of legal issues. Employers may struggle with how to protect workers from infection, including whether to make any special changes for at-risk employees. Employers may worry about workers’ well-being, disruptions from absenteeism, and potential liability if an employee falls ill. Federal law requires reasonable accommodations for one risk group, people with disabilities. At the same time, antidiscrimination statutes
restrict employers from singling out employees based on three characteristics that put them at enhanced risk, or impose uncertain risk, for COVID-19: disability, age, or pregnancy. This Sidebar provides general
background on antidiscrimination considerations that might arise as employers consider accommodations for at-risk employees