Fenwick employment counsel Anna Suh spoke with Bloomberg Law on the legal challenges facing older workers as they return to work during the COVID-19 pandemic.
Suh advises employers to have flexibility when possible and to prepare for legal challenges given the intersection of disability laws.
She told Bloomberg Law that employers must consider underlying health conditions and the legal protections older workers could have under applicable disability laws. Suh recommends that employers meet with employees who refuse to return to work out of fear of getting COVID-19 to learn more about the reasons for their concerns.
“Just because someone is in a high-risk category doesn’t necessarily mean accommodations must be provided,” Suh noted. “In that discussion, the employees may disclose that there are underlying health conditions that present additional risks and may warrant accommodations.”
The full article is available on Bloomberg Law.