The Workplace Report with Ancel Glink

The Equal Employment Opportunity Commission (EEOC) has released updated guidelines for employers managing their workforces during the COVID-19 pandemic. The guidelines provide employers with further instruction as the federal government and many states plan for the following phases of the various “stay at home” orders. This focus of this post will be on employee testing and medical confidentiality. Employee Testing   In accordance with the American with Disabilities Act (ADA), employers may mandate medical tests for employees so long as the test is “job-related and consistent with business necessity.” COVID-19 is considered a global pandemic and employees, who are ill with the virus, pose a direct threat to the health of others. Thus, employers may administer COVID-19 tests to employees prior to entering the workplace. Employers looking to administer tests should consult the Food and Drug Administration’s (FDA) FAQ on Diagnostic Testing  page for more informa...

Late last week, Gov. Pritzker announced an extension of the stay at home order but loosened restrictions on some businesses. In exchange for relaxing some current restrictions, Pritzker ordered employers to provide greater protections for their workers by ensuring social distancing and providing protective equipment. For the first time, the Governor included some specific direction for employers of essential businesses and businesses engaged in minimum operations as follows: Essential Businesses and Operations and businesses engaged in Minimum Basic Operations must take proactive measures to ensure compliance with Social Distancing Requirements, including where possible: Designate six-foot distances. Designating with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance;  Hand sanitizer and sanitizing products. Having hand sanitizer and sanitizing products readily available for employees and customer...

While loosening some restrictions on businesses, Governor Pritzker announced yesterday that employers of essential businesses must provide face masks to employees who cannot maintain social distancing mandates while working. The Governor’s statement including the following related to workplaces: ESSENTIAL BUSINESSES AND MANUFACTURING: Essential businesses and manufacturers will be required to provide face-coverings to all employees who are not able to maintain six-feet of social distancing, as well as follow new requirements that maximize social distancing and prioritize the well-being of employees and customers. This will include occupancy limits for essential businesses and precautions such as staggering shifts and operating only essential lines for manufacturers. The Governor provided no details regarding whether specific masks would be required or what additional precautions, such as staggered shift, would be ordered. Employers should continue to evaluate ways to ...