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What I’ve Been Reading This Week


Yet another week with coronavirus related updates, in regard to employment law related matters.  The below updates/guidance from the Occupational Safety and Health Administration and Equal Employment Opportunity Commission are worth reading through, if for no other reason than to stay up to date.

As always, below are a couple articles that caught my eye this week.



Last week, the Occupational Safety and Health Administration (“OSHA”) released a FAQ as to wearing face coverings at work.  There is quite a bit of good information here and I would suggest readers give it a review.  The FAQ touch on everything from whether employers are required to provide face coverings and whether employees are required to wear them in the workplace, all the way to suggestions on how employees can keep face coverings clean if they intend to reuse them.



How about we call the past few weeks a busy time for governmental agencies?  The Equal Employment Opportunity Commission (“EEOC”) recently updated its FAQ as to the coronavirus and related discrimination issues that may arise.  There are several noteworthy sections put out by the EEOC, including guidance on whether employers have to accommodate an employee that has a family member at risk of getting the coronavirus (spoiler alert:  there is NO duty to accommodate in this situation), a reminder that employers cannot tell pregnant employees to stay home after the workplace opens back up, and employers are required to accommodate employees that need to be medically scanned in a different way as a result of an employee’s condition (so long as the accommodation is reasonable.)



About a month ago, the Pennsylvania Supreme Court issued a ruling in Carr v. PennDOT, in which the Supreme Court considered whether a public employee (that worked for the Pennsylvania Department of Transportation) was lawfully terminated following her FaceBook posts about a school bus driver in the area.  After having been terminated for her FaceBook comments, she filed suit against the Pennsylvania Department of Transportation (“PennDOT”) and claimed she had a free speech protection to make her comments about the school bus driver.  The lower court agreed and found her termination unlawful.  However, the Supreme Court reversed on the grounds that while Carr was complaining about a matter of public concern, it was more directed toward just one school bus driver.  Had the FaceBook comments been related to all school bus drivers in the area, the Court might have found Carr had a free speech protection and could not be terminated by her employer.  However, as this case points out, private employees (such as Carr who made the FaceBook comments outside of her official work capacity with PennDOT) receive some right to speak on matters of public concern but that right is balanced against the right to effectively carry out their public duties.

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