If you have physical disabilities due to COVID-19, your employer must provide you with reasonable accommodations to enable you to do your job, unless it would place an undue burden on operations. Safety – your safety, as well as that of your employees, customers and customers – is a factor in determining whether a potential accommodation would be appropriate. However, an employer must base its decisions about a potential safety risk on objective scientific evidence, including evidence reflected in federal, state, and local agency policies and guidelines, and not on unsubstantiated assumptions or stereotypes. If, after the LAD, there are no reasonable precautions your employer can provide to reduce the risk of COVID-19 transmission to its employees and customers, your employer may enforce its policy of excluding unvaccinated employees from the physical workplace, even if you are not vaccinated due to a disability. However, this does not mean that your employer can automatically fire you if you are unable to get vaccinated, as the employer may be prevented from doing so by other laws, regulations or guidelines. The policy must be tailored to workplace hazards: an employer`s policy must be tailored to the risks specific to their workplace (industry, physical facilities and accommodation, employee tasks and schedules, etc.). Whistleblower protection: Federal and state laws protect employees from retaliation if they cite health and safety violations that they believe will make the workplace unsafe. See www.osha.gov/sites/default/files/publications/OSHA4151.pdf and www.nj.gov/oag/cepa/pdfs/nj-cepa-poster.pdf. See Loeb v Vantage Custom Classics, Inc., ESX-L-4762-20, in which the Superior Court of New Jersey, Division of Law, Essex County, dismissed the employer`s application to dismiss the employee`s claim under CEPA that the employer had not followed its own health and safety policies. images.law.com/contrib/content/uploads/documents/399/55778/leath.pdf An employer may also require testing: According to the EEOC, employers can take screening measures to determine whether employees entering the workplace have contracted COVID-19 because someone with the virus poses a direct threat to the health of others. www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.6 New Jersey Gov. Phil Murphy issued a series of executive orders with industry-specific mandates and guidelines for reopening businesses during the COVID-19 pandemic and reintegration protocols.
Recognizing that a significant portion of the state`s workforce has returned to personal work, Governor Murphy issued Executive Order of 1921 (“EO 192” or “the Ordinance”), which established comprehensive health and safety measures applicable to all employers who permit or require their employees to be physically present at work in New Jersey. and that customers or other visitors may have on the site. The regulation entered into force on 5 November 2020 at 18:00. The following questions and answers provide employers with information on unemployment, employee benefits and protection, as well as business support. This website will be updated as our response to COVID-19 evolves, so please check back regularly. Yes. The LAD prohibits any bank or lender from discriminating against you on the basis of race, gender, national origin or other protected characteristics. This includes all the terms of a loan. Examples of possible warning signs of credit discrimination include: (1) rejection of an available loan or training option, even if you qualify based on advertised requirements; (2) offer credit or training options with a higher price or less favorable terms than those for which you applied even if you qualify for the lower price; (3) prevent you from applying for a loan without explaining why; (4) deny you credit without giving a reason or telling you how to obtain further information; (5) make negative comments about your race, gender or other protected characteristics.
In determining whether the provision of accommodation may constitute an unreasonable burden, the employer may consider the number of workers who require the particular accommodation, the cost of accommodation, and the associated loss of productivity. Placement is considered undue hardship if it prevents a worker from performing the essential duties of his or her position. In addition, an employer may consider religious accommodation for an employee if the accommodation is no longer used for religious purposes or if it subsequently imposes undue hardship on the employer`s business. The Equal Employment Opportunity Commission has revised its questions and answers on technical assistance related to the COVID-19 pandemic and the implementation of the Americans with Disabilities Act (ADA) and other federal equal opportunity laws. The EEOC`s assessment at the beginning of the pandemic was that the ADA standard for conducting medical examinations was still being met for employers to test for the COVID-19 virus in the workplace. Test results for the virus show whether a person is infected with SARS-CoV-2, the virus that causes COVID-19, using samples taken from the nose or mouth. There are two types of tests for the virus: rapid tests and laboratory tests. Now more than ever, employers need to monitor and protect themselves from the potential of COVID-19 in the workplace. California`s requirements show the potential for employers to have more legal risks, which is why we recommend clear return-to-work guidelines and COVID-19 tracking mechanisms.
Sequoia`s return-to-work center tracking and resources functionality can provide a streamlined solution to these new challenges and help your organization ensure greater compliance security. Please contact our Sequoia Customer Service team to learn more about how Return to Work Center can help you. Pros: New Jersey has one of the most comprehensive temporary disability, family vacation, and earned sick leave laws in the country, covering all types of workers — full-time, part-time, time, and seasonal. www.nj.gov/labor/worker-protections/earnedsick/covid.shtml An employer may prescribe the vaccine (with certain exceptions): Under the EEOC, federal EEO laws do not prevent an employer from requiring all employees who physically enter the workplace to be fully vaccinated against COVID-19, subject to reasonable precautions under Title VII and the ADA and other equal employment opportunity considerations. www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#K In particular, Decree Law 192 not only identifies the necessary security protocols, but also authorizes the creation of a mechanism for reporting and investigating violations and provides for possible sanctions in the event of non-compliance. However, the regulation does not change the portion of Governor Murphy`s Executive Order 107 that requires employers to consider telecommuting and working from home whenever possible. Yes. However, if you cannot wear a particular form of PPE because of a disability and the risk of COVID-19 transmission can be mitigated by asking your employer to provide you with adequate accommodation, your employer must do so, unless it would place an undue burden on their activities.