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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. 
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