Nicole Truso provided insight to Minnesota Lawyer about the Coronavirus and its potential implications for employers and employee privacy. Truso discussed how the virus may touch on employer obligations, such as employee privacy and the federal Americans with Disabilities Act.
Furthermore, Truso says employers must be careful not to jump to any conclusions based on an employee’s national origin or ties to an affected region. Everyone should be treated the same, and questions should be asked of employees in a consistent manner to avoid the risk of discrimination. According to Truso, employers might be well-intentioned and mean to assist the employee, but yet end up actually discriminating against a worker.
“Questioning employees about their personal travel raises issues of privacy and the potential for actual or perceived discriminatory treatment.” NICOLE TRUSO
Truso added that, for an employer to avoid violating antidiscrimination laws, an employee who has traveled should not be required to work from home upon returning, unless the employer has a reasonable objective belief that the employee presents a danger to the workplace.