During a pandemic, some employees may not be able to come to work because public transportation is not available. May an employer lay them off?
Category: Human Resource Policies and Pandemic Planning Workplace Questions
Sub-Category: Layoff/Termination/Firing
Answer:
We encourage you to proactively prepare a plan specific to your workplace and to consider options other than a lay off, such as telecommuting.
Employers should be sure to comply with the federal laws prohibiting discrimination in the workplace on the basis of race, sex, age (40 and over), color, religion, national origin, or disability when selecting employees to lay off. Also, employers should consider whether the lay off would disproportionately affect employees of a particular race, color, sex, national origin, disability, or age (40 and over). If so, in some cases, an employer may be required to consider other less discriminatory alternatives. (See the U.S. Equal Employment Opportunity Commission or call 1-800-669-4000 if you have questions.) In addition, you may not discriminate against an employee because he or she is a past or present member of the United States uniformed service. (See the U.S. Department of Labor, Veterans’ Employment and Training Service for additional information or call 1-866-889-5627 if you have questions.)
What if the business has a union contract, does it have to follow the contract’s provisions?
Yes. In addition, note that discharging, laying off, demoting, assigning to a less desirable shift or job, or withholding benefits on the basis of union-related activity is prohibited under Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/24/2008
