Denise Merna Dadika, Frank C. Morris, Jr., and Lauri F. Rasnick, Members of the Firm in the Employment, Labor & Workforce Management practice, co-authored an article in the Bloomberg Law Daily Labor Report, titled “INSIGHT: Thoughtful Return-to-Work Plans Will Cut Discrimination Risk.”

Following is an excerpt:

As states begin to lift stay-at-home orders and business restrictions, employers should be mindful of the discrimination risks associated with reopening and resuming on-site operations.

Determining who should return, when, and under what terms presents potential risks and pitfalls under federal, state, and local anti-discrimination laws. Any unintended disparate impact on a protected group, particularly a group most affected by Covid-19, could result in triggering a class or collective action.

The best way to avoid such claims is to take the time to create a solid and comprehensive return-to-work plan. The plan should address the recall process and selection criteria, the treatment of vulnerable populations, flexibility for caregivers, and whether and under what circumstances test results should be considered when selecting employees for recall, continued furloughs, or layoffs. Doing so will help employers avoid missteps that could expose them to class or collective discrimination lawsuits.

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.