Coronvirus-related legal claims employers can expect to face

Employers in Delaware and elsewhere are grappling with the many new laws enacted because of the coronavirus pandemic: federal statutes on COVID-related leave, U.S. Centers for Disease Control and Prevention (CDC) and state guidance on proper safety precautions in the workplace, and 20 new Executive Orders (and counting) signed by Governor John Carney, including the recent phased reopening of businesses. Many have had to make difficult decisions in response to the economic fallout, including layoffs, furloughs, and reductions in employee hours or compensation. On top of everything else, you can expect a new wave of litigation to follow the decisions: wrongful termination lawsuits based on age, disability, or whistleblowing, along with health and safety allegations including wrongful death. Below are just a few of the claims you can anticipate and key considerations to limit exposure.

Age and disability claims

Individuals with certain underlying conditions and/or over the age of 60 are especially vulnerable to COVID-19. The Equal Employment Opportunity Commission (EEOC) has made clear, however, an employer’s unilateral decision to place an employee on leave, based only on the individual’s age or health, is likely to violate the Age Discrimination in Employment Act (ADEA) or the Americans with Disabilities Act (ADA)—even when it’s done with the employee’s best interests in mind.