MEDFORD, Ore. — “It’s a brave new world when it comes to Covid, employment restrictions, being ill, and protecting your job,” said Andrew Wilson, associate attorney ‘Black Chapman Petersen Stevens’ law firm.
A workplace in the age of coronavirus can be a very different place for both employers and employees with evolving company policies and procedures.
But how far can those restrictions go after an employee clocks out for the day?
“The analysis on that has to come down to is it still job related? Are your restrictions intended to be for the safe operation of the business,” said Wilson.
Wilson compares coronavirus to alcohol and tobacco policies.
He says it’s not illegal to drink or smoke, but employers can still put restrictions on a person’s ability to do that outside the job.
That could apply to coronavirus travel restrictions where a company doesn’t allow its employees to travel for the holidays.
“As long as it’s narrowly tailored, equally enforced, and for a purpose that is for the safe operation of their business, I can’t see a reason they wouldn’t be able to do that,” said Wilson.
But when it comes to whether a company chooses to enforce that policy, Wilson says is a different story.
He says an employer would need to again consistently enforce the restriction equally, not targeting a specific person, group, or situation.
“I don’t see a lot of employers who actually try to enforce outside restrictions on their employees because it could be such a hotbed for lawsuits,” said Wilson.
Creating a travel restriction or enforcing it, is something Tonya Sowles, CEO of ‘Sowles Consulting,’ doesn’t foresee many local businesses even trying to do.
“I think all employers are in the ‘we want you to be safe and we want you to make the best choices for you and your future.’ What that looks like is different and how that’s handled in each workplace is different,” said Sowles.
In fact, she would advice businesses against it.
“There are just a lot of different avenues where discrimination can happen. That you just have to be really careful,” said Sowles.
Wilson says he can’t think of any reason why an employer couldn’t make an employee quarantine when they return to the workplace after traveling if it’s a legitimate safety and health issue.
Again, Wilson says the policy needs to be enforced equally.
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