NERC Issues COVID-19 Alert

Yesterday, the Nevada Equal Rights Commission (NERC) alerted employers that it is receiving anonymous reports of employees being asked to work despite expressing symptoms of COVID-19 or being required to return to work after a positive test result “without [a] follow-up test reflecting negative.” The NERC is encouraging employees to file complaints and advises employers that “conditioning employment for mandatory reporting despite health guidelines without offering reasonable accommodations may violate the ADA/AA, FMLA as well as federal and state laws protecting workers.”

The NERC refers employers to the EEOC’s Guidance on COVID-19 and provides the contact information for a hotline to report businesses that are not compliant with the Governor’s face covering and/or health and safety orders: (702) 486-9020 or (775) 688-3700.

Please note that the EEOC’s Guidance on COVID-19 has not yet been updated to reflect the CDC’s new isolation guidelines. Throughout the pandemic, however, the EEOC has been tracking the CDC’s recommendations and using them as a basis for its policies. As such, employers should closely follow the CDC’s recommendations in relation to return to work issues and keep documentation of such recommendations in case a decision is later challenged.

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