In case we didn't have enough to think about in regards to COVID and work, we now need to reconsider EEO provisions. Specifically, hiring people based on whether or not they've already had COVID is illegal under the law. In theory, someone who has already had COVID has some immunity whereas someone who has not been sick with COVID does not. The potential employee who has already been sick would not miss work due to a COVID illness but the other person might. It turns out that we aren't supposed to ask questions about health history and we certainly cannot make hiring decisions based on it. If a potential employee brings up their health history with COVID, it is wise for us to steer the interview or conversation a different direction. Discussions on local government and/or company policies on social distancing, wearing masks and COVID specific symptoms that help protect others are acceptable.
Most companies have sound workplace COVID policies in place so our best bet is to know them and follow them. Doing so will help us protect our personal health while mitigating risks from poor COVID related work practices.
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