7/7/2023 0 Comments Ada accommodations for anxiety![]() Such a living arrangement likely does not afford the employee a right to reasonable accommodation under the ADA or state law, he noted. When an employee has anxiety related to contracting the coronavirus, the employee nonetheless might have a disability requiring reasonable accommodation if the anxiety rises to the level of a disability under the ADA or state law, Durham said.Įmployees also may be concerned about returning to work if they live with higher-risk individuals. Accommodations might include extra social-distancing measures in the workplace or a work-from-home arrangement. If that's the case, the employer should discuss possible accommodations with the employee to address his or her concerns, he said. Higher risk of severe illness from COVID-19 than others, the employee likely has a disability and is protected, noted Christopher Durham, an attorney with Duane Morris in Philadelphia. Under the Americans with Disabilities Act (ADA) and state equal employment opportunity laws, if an employee is concerned about returning because he or she is at a "Single-employee action typically is not covered" by the NLRA. The key in determining if an activity "is potentially covered under the NLRA is whether two or more employees are joining together to speak out or otherwise protest a practice or action," said David Pryzbylski, an attorney with Barnes & Thornburg in Indianapolis. She noted that whether an employer can be held liable for an employee's exposure to the coronavirus in the workplace is uncertain. Rights under the National Labor Relations Act's (NLRA's) "protected concerted activity" protections for employees with respect to the terms and conditions of their work. Rashby cautioned that employees might have "We're expecting that, and we're OK with it." Adopting a flexible work-from-home policy.Īt Walker Sands, a business-to-business marketing firm, once the office is reopened, "We expect that some people will want to be in the office, some may only be comfortable coming in a few days and a third group may work remotely for the rest of the year," said Chester Lantin, the firm's HR director in Chicago.Reviewing cleaning techniques and considering additional cleaning measures the employer could implement.Offering personal protective equipment (PPE) that is consistent with Occupational Safety and Health Administration guidance.Using social-distancing techniques such as staggered shifts, reworked use of space, restricted in-person meetings and limited customer volume.Screening employees and visitors for fever.Schilling recommended employers consider steps to address potential workplace hazards, including: Under this clause, employers must keep their places of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm. However, there are exceptions to this general rule.Įrin Schilling, an attorney with Polsinelli in Kansas City, Mo., noted that employers should abide by the Occupational Safety and Health (OSH) Act's general duty clause. "Reasoning on why some roles are better suited for specific settings should be presented in a genuine, authentic way."Īfter decisions about who can and can't work remotely are made and communicated, disciplining or firing employees who refuse to come in out of a generalized fear likely is permissible in many circumstances, said Carolyn Rashby, an attorney with Covington & Burling LLP in San Francisco.Įmployers usually are not required to allow employees to continue to work remotely if the employer can demonstrate that it has complied with all appropriate measures to reduce the risk of exposure in the workplace, she added. "There will certainly be roles that are more easily executed remotely, while others are required to be onsite," Wolckenhauer stated. "Employers should prepare for heightened levels of general anxiety as workers return to their worksites and adjust to a new normal," she said. "Keeping all associates safe is paramount and should be the guidepost for decisions surrounding returning to work," said Tara Wolckenhauer, division vice president of human resources at ADP in Florham Park, N.J.
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