Archives: COVID-19

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Michigan Executive Order Clarifies COVID-19 Standard

On August 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-172. The Executive Order affirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home when they or their close contacts are sick.  However, the Executive Order redefines the “principal symptoms of COVID-19” as follows: The principal symptoms of COVID-19 are … Continue Reading

Updated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work

Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work.  The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing.  In adding Question A.7, the EEOC … Continue Reading

Pandemic Leads to Accommodation Claims under Federal and State Laws

The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA).  While the number of filings was not disclosed, the New York … Continue Reading

Assistant Nursing Director Claims COVID-19 Retaliation Against Nursing Home Employer

In what may be the beginning of a wave of post-COVID-19 lawsuits, a former Assistant Director of Nursing filed a whistleblower complaint against her employer, a long-term care facility. The lawsuit claims termination for raising concerns about alleged health and safety issues relating to, inter alia, staffing levels and the use of effective personal protective … Continue Reading
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