Wednesday, March 10, 2021
California’s Department of Fair Employment and Housing (DFEH), the agency charged with administering California’s employment discrimination statute and regulations, has updated its COVID-19 guidance for employers. The updates cover many issues that employers had been struggling with during the pandemic, including:
COVID-19 Inquiries and Protective Equipment
Employees with COVID-19 Symptoms or Infection
Job-Protected Leave
Vaccination
COVID-19 Inquiries
The DFEH states that employers may ask employees if they are experiencing COVID-19 symptoms, which is also required under many of California’s local health orders. Employers can also ask an employee why they did not report to work if they suspect the absence was for a medical reason. However, employers must keep confidential any illness or medically related information disclosed by the employee. The guidance provides that employers may also take an employee’s temperature or requir