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Employers caught in middle when COVID-19 safety guidelines, workplace laws collide

July 2020 employment law letter
Authors: 
Tony G. Puckett, McAfee & Taft

Returning to work after stay-at-home orders are lifted raises a host of issues for employers. For one specific group of employees, you may have thought the issue was clear: People in at-risk categories for catching COVID-19 should remain away from the workplace and instead work remotely. But, that isn’t the case, according to a recent Equal Employment Opportunity Commission (EEOC) update.

Older demographic in coronavirus’ crosshairs

Many stay-at-home orders identified persons ages 65 and older as an at-risk group of individuals who should stay at home except for essential errands, such as for medication, groceries, doctor visits, and gasoline. That’s exactly what Oklahoma Governor Kevin Stitt said in his March 24 executive order.

The U.S. Centers for Disease Control and Prevention (CDC) has identified people 65 years and older as being “at high-risk for severe illness from COVID-19,” reinforcing the idea the older demographic needs to remain in isolation.

Based on what the governmental authorities have been saying, you could rightly believe employees 65 and older shouldn’t return to the workplace because they’re in the at-risk group for the coronavirus.

But, pandemic collides with ADEA

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