There are various legal issues that need to be considered:
- American’s with Disabilities Act (ADA): an employer should understand if the employee has a disability under ADA and if an accommodation should be considered.
- National Labor Relations Act (NLRA): non-supervisory employees may refuse to work in conditions they believe to be unsafe and the employee has a reasonable good faith belief of this.
- Occupational Health and Safety Act (OSHA) under certain circumstances an employee may refuse an assignment that could risk death or a serious personal harm. An employer needs to look at the situation and conditions.
- The employer will also need to weigh the situations of Covid-19, CDC guidelines and public relation issues for the company.
