Employers are facing multiple challenges in response to the COVID-19 pandemic, including an increased risk of whistleblower/retaliation claims from employees who allege they were disciplined or discharged for complaining about health of safety concerns.
When the Democrats took control of the General Assembly in addition to the governorship in the November 2019 election, many predicted an expansion of workers’ rights. That prediction was realized with the 2020 Virginia General Assembly session.
On April 3, 2020, Michigan Governor Whitmer issued an Executive Order prohibiting employers from discharging, disciplining, or otherwise retaliating against an employee for reasons related to COVID-19.
On March 11, 2020, the Colorado Department of Labor and Employment issued emergency rules that require certain employers to provide paid sick leave for employees with flu-like symptoms who are being tested for COVID-19, effective immediately.
In a recent case under the Federal Railroad Safety Act, the Eighth Circuit reasserted that claimants must prove intentional discrimination in whistleblower retaliation cases subject to the AIR21 regulations.