David Barron was quoted in HR Dive discussing the risks employers have in reopening business from the COVID-19 pandemic. Federal nondiscrimination laws largely protect workers from adverse employment actions based on certain protected characteristics, and those laws could come into play as employers embark on reopenings. For example, an individual with a disability may be particularly vulnerable to infection, and an employer could need to consider accommodations such as an exception from a recall policy. "Employers will see this definition of vulnerable employee again in lawsuits," said David. "It will be blown up in front of juries probably for years to come."
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