Coronavirus and Influenza
Jim Castagnera holds an M.A. in Journalism from Kent State University and a J.D. and Ph.D. (American Studies) from Case Western Reserve University. He practiced law for 36 years, before retiring in June 2019: 10 years as a labor, employment and intellectual-property attorney with Saul Ewing Arnstein & Lehr; 3 years as general counsel for Wharton Econometric Forecasting Associates; and 23 years as the associate provost & legal counsel for academic affairs at Rider University.
Currently, he devotes his full-time to writing, teaching, and training. He is the chief consultant for Holland Media Services, LLC, freelance writing, training, and communications company headquartered in Los Angeles, and a founder of LMC Conflict Training & Conciliation, Inc., a non-profit corporation located in Greater Philadelphia.
As this promotion reached our website, the Coronavirus is sweeping around the globe. Millions are quarantined in Chinese cities, where untold thousands are infected and the acknowledged death toll is climbing into four figures. Thousands of passengers and crew members are under lockdown on luxury cruise ships off the coasts of Japan and New Jersey. And the first cases have been reported in New York City.
Ensuring that your organization is defended against this new health scourge will require significant advanced planning. Management decisions affecting your employees will always require a balance between what's good for the business and what doesn’t violate employees’ rights. Just how far can employers go to keep their businesses operating during a Coronavirus outbreak and not violate the ADA, FMLA, Title VII, and/or other state and federal laws?
For example, what can you do if an employee shows up at work with a cough, a temperature, or has been exposed to someone who’s sick? May supervisors send employees home is believed to be ill? What if co-workers refuse to work next to someone who appears to be sick? Must you pay workers who are sent home? Do they have to take leave---paid or unpaid? How far can your questioning go without invading an employee's privacy? Can you take an employee’s temperature or require them to wear a face mask? Can you be accused of discrimination if you insist that someone must go home? What kind of telecommuting arrangements will work?
- And, perhaps most importantly, what are best practices for preventing an outbreak at your facilities?
- If you are going to be able to fight back against a virus outbreak, you’ll need answers to these and other similar questions. Please join Dr. Jim Castagnera, labor and employment attorney of 36 years experience, as he explains what employee-related actions the ADA, FMLA, and other relevant federal regulations permit employers to take before, during, and in the aftermath of an outbreak.
During this important and timely webinar, Dr. Castagnera covers:
- Updates from the World Health Organization, the Centers for Disease Control, and state health authorities
- Permitted employer actions under the ADA, FMLA, Title VII and other federal and state statutes and regulations
- The important ADA concepts of “disability-related inquiries,” “medical examinations,”
- “Direct threat,” “undue hardship, and other similar terms
- Acceptable teleworking arrangements
- Leave policies and the FMLA
Questions employers will need answers to ask, such as:
- If an employee calls in sick what can an employer ask regarding the nature of her/his illness?
- Can an employer take the body temperature of an employee?
- Can an employer tell an employee to stay home if they are exhibiting symptoms?
- Can an employer send an employee home involuntarily?
- Upon the employee’s return to work, can an employer require a doctor's certification?
- Can an employer require employees to take influenza vaccinations?
- During a pandemic, does an employer need to keep providing accommodations to an employee with a known disability?
- Can an employer require a new hire to have a physical examination?
Course Level - Basic/Fundamental