Inequalities,
Companies face a risk of claims from employees getting different treatment, but generally the law allows such disparities, said Derek Barella, a labor and employment lawyer at the Schiff Hardin LLP law firm in Chicago.
‘LEGITIMATE REASON’
“You need to make sure that we have a legitimate reason for why we’re treating some people differently than others, and it has to be based on the job,” Mr. Barella said. “It is true, and it will be true, that a lot of jobs are capable of being performed remotely, whereas others are not.”
The United Auto Workers has raised the issue with Fiat Chrysler and other companies, seeking paid leave for workers who self-quarantine. While union contracts cover sick leave, there’s uncertainty regarding workers who have to isolate themselves to prevent the spread of the virus. General Motors Co. and Ford Motor Co. have also asked whitecollar employees to work from home.
“The UAW feels strongly that no member should be disadvantaged in response to the COVID-19 process,” Cindy Estrada, a union vice-president, wrote in an e-mail to members.
The issue came to a head at Fiat Chrysler’s Windsor, Canada, minivan plant, where employees have refused to go to work since Thursday after a factory worker self-quarantined, a company spokeswoman said. The Canadian Ministry of Health has determined the plant is safe and the automaker is meeting with the union to try to get workers to return, the spokeswoman said.