Our law firm understands that almost everyone has numerous concerns over returning to work in these difficult times. Though many Colorado business owners are eager to get operations back underway, it can be tricky to convince workers of the benefits, especially when health risks could be involved. Some employers may consider setting up testing for COVID-19 in hopes of providing more protection.
Of course, we know that some concerns over the legality of testing employees for the virus could arise. Though setting up tests for workers is legal, the tests must be completely voluntary. If employers begin requiring tests, it could potentially put them in the position of violating the law due to the protections provided to employees regarding their personal health information.
If workers do wish to be tested and provide that medical information, we suggest that employers disclose exactly how the information will be put to use. Essentially, workers need reassurance that they will not be fired or otherwise face actions that could come across as retaliation or discrimination due to the outcomes of the test or other personal medical information the test could reveal. It is important that workers do not feel pressured to be tested or feel that retaliation could occur for not being tested.
Though getting business operations back underway is certainly important to Colorado employers, it is also important to consider the legal issues that could arise if workers are pushed too hard. We understand that a lot is at stake during these trying times, and if employers have concerns over testing workers or whether their actions could violate worker rights, they may wish to speak with us. Our firm can provide reliable information about protecting both employer and employee rights during this unprecedented ordeal.