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How employers should respond to the 2019 novel coronavirus outbreak

February 2020 employment law letter
Authors: 
Kara M. Maciel, Conn Maciel Carey LLP

First detected in Wuhan, Hubei Province, China, the 2019 novel coronavirus (2019-nCoV) is a respiratory virus that the International Health Regulations Emergency Committee of the World Health Organization has declared a "public health emergency of international concern." As of January 30, 2020, there have been approximately 8,100 confirmed cases of 2019-nCoV in several countries, including the United States. It's unclear how easily the virus spreads between people. Symptoms of coronavirus include fever, cough, difficulty breathing, runny nose, headache, sore throat, and the general feeling of being unwell. With the presence of coronavirus in the United States confirmed, employers must be vigilant in complying with various labor and employment laws implicated by the virus.

Be aware of the laws that may come into play

An employee with a severe case of 2019-nCoV could fall within the Americans with Disabilities Act's (ADA) definition of a qualified individual with a disability and therefore be protected by the ADA as well as state and local disability laws. Additionally, an employee exposed, or thought to be exposed, to coronavirus might be able to bring an ADA claim under the theory that he was "regarded as" having the virus.

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