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Returning to the workplace: Navigating the legal obstacles

What do employers need to know about sidestepping discrimination claims when recalling their workforce?

employees standing for a photo If you’re not opening at full capacity or are doing a phased re-opening, there may be some concerns about which employees to call back first. (Photo: Shutterstock)

Employers who have had to close down because of the COVID-19 pandemic are in uncharted waters, and have been for weeks–starting with the abrupt need to furlough or lay off workers or transition them to a work from home. And now, just as they’re finding a rhythm (hopefully), it’s time to get back to the workplace.

We recently covered how to prepare the workplace to minimize the risk of exposure and spread of the virus, but what about the legal and practical logistics of deciding who comes back to work? Some employees won’t want to come back, either because they’re afraid of contracting the virus, or because they find they’re making more in unemployment benefits. Or what about employees that you know are at higher risk for suffering complications if they contract COVID-19?

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Emily Payne

Emily Payne

Emily Payne is the current deputy editor for ALM's Business & Finance Markets and former managing editor for BenefitsPRO. A Wisconsin native, she has spent the past decade writing and editing for various athletic and fitness publications. She holds an English degree and Business certificate from the University of Wisconsin.

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