Can I refuse to let an employee work due to COVID-19?
Yes. If the employee traveled to a COVID-19 hotspot or was exposed to the virus, you can refuse to let them work for 14 days, provided the employee remains symptom free. An employee that poses a direct threat to the workplace based on objective, factual information, not on subjective perceptions or irrational fears will not be subject to ADA protection. Therefore, as long as up to date CDC Travel Advisories, or similar government information, provide the basis for the concern, not an employee’s national origin, an employer may rely on that guidance as objective to make reasonable assessments of conditions in their workplace.
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