DFEH Issues Employer Guidance on COVID 19 Issues
The Department of Fair Employment and Housing recently issued a FAQ on employer and employee rights relating to COVID 19. The DFEH reaffirmed that it is unlawful for employer to discriminate against employees for among other things, actual or perceived medical disabilities. However, the DFEH offered answers to questions that many employers have regarding what they can or cannot do in the workplace if they suspect someone has COVID 19. For instance, the DFEH confirmed that the employer can direct a sick employee to go home. If an employee shows symptoms, the employer can ask the employee questions to determine whether the employee poses a risk to other employees. However, that information must remain confidential. Further, the employer can ask an employee who failed to report to work why they were a no-show. The DFEH also provided guidance on the tricky question of how much information you can provide to coworkers who may have been exposed to a sick employee.
Answers to these and many other COVID related questions have been addressed by the DFEH’s recently issued FAQ. If you have a specific employment related question, please contact the Employment Counseling Group at Belden Blaine Raytis, LLP. We are here to help you through this unprecedented crisis.