The law requires employers to take all reasonable steps to protect anyone who enters the workplace, including employees. This duty will be subject to intense scrutiny during a pandemic and legal woe will befall any employer careless with the risks emanating from COVID-19.
Discrimination based upon even a “perceived” disability is unlawful discrimination and, this week, the Ontario Human Rights Commission released a policy statement on COVID-19. An employee’s medical details is personal information. This includes whether that worker has tested positive for COVID-19 and even whether they have associated symptoms.
In these circumstances, the employer’s first priority must be the safety of everyone who has been in the workplace and may have come into contact with the employee who tested positive. As part of a plan to sanitize and control the workplace, an employer should monitor employees and even customers for signs of the virus. But employees have rights, too.
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