The video conversation continues with David Barron, employment law partner at Cozen O'Connor about the pros and cons of going back into the office and the issue of Immunity Discrimination. The 4-minute video is below.
|Who is a more preferred employee?
The Equal Employment Opportunity Commission (EEOC) states that it's lawful to test an employee for COVID-19 but it is illegal to test an employee for antibodies if they recovered from COVID-19.
For example. An employer can exclude people who are sick from the workforce. Where the slope gets slippery is if employees will be treated differently based on their medical history.
|If you had a choice between two workers who would you choose?
Employee #1 had COVID-19, recovered, and has the antibodies. This employee might be perceived as a more reliable employee because, in the future, the employer might not worry about that person missing work.
Employee #2 tested negative for COVID-19 however, in the future, the employee might contract COIVD-19 and miss work.
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