COVID-19 Makes The Need For Unions Clear

Due to coronavirus, millions of Americans have been laid off and more layoffs are coming. The global pandemic has made the need for unions crystal clear. Unions all over the U.S. have valiantly been fighting for workers.

Here is just some of what unions have done to help their members during the pandemic:

• Insurance continuation: Unions have successfully negotiated with employers to maintain health insurance and other benefits and insuring employers continue paying for health care premiums during furloughs and layoffs.
• Priority reinstatement: Many union contracts provide that furloughed or laid off workers be given priority when jobs become available again. Others have successfully negotiated reinstatement for workers when the pandemic eases.
• Severance packages: Some unions have negotiated severance packages for laid off workers.
• Remote work: Unions have successfully negotiated for some workers to work remotely from home during the pandemic. 
• Paid leave: Unions have obtained agreements for employers to offer paid leave for employees during the coronavirus pandemic.
• Hazard pay: Unions have negotiated hazard pay for essential workers. 
• Social distancing and safety: Unions have successfully negotiated with employers to implement social distancing and other safety measures for workers. They have also helped members file OSHA complaints for safety violations.
• Hammering out details of remote work: For those that are working remotely, unions are negotiating the rules and expectations for working from home.
• Preventing furloughs: Some unions have managed to negotiate to prevent furloughs altogether. 
• Lobbying: Multiple unions have lobbied Congress for relief for workers, including seeking assistance with health insurance payments, fighting for safe working conditions, fighting abuse of the Paycheck Protection Act, and fighting for personal protective equipment. 
• Financial relief: Many unions are offering financial relief to members in the form of grants or loans.

Unionize now

Bottom line is that our country has almost no social safety net left and very few protections for workers. Those working in non-unionized workplaces have little or no protection. Unions are necessary to balance power between workers and management. It isn't too late if your workplace doesn't have a union. How about taking the time during your furlough or layoff to start looking into unionizing when you get back to work?

The first thing I'd suggest is talking to a union about how to unionize. They have organizers who can help you. Find the union that matches your workplace. There are unions for just about any kind of work you can imagine. I wrote an article here about how to start a union. More useful information on how to form a union can be found here, here and here. If you find a union you are interested in, they may have their own how-to page on their website. There are laws about what is allowed, so don't just try to unionize without getting some help from a union.

Disability Discrimination and Accommodations During Coronavirus Pandemic

The good news is, disability discrimination is still illegal. I'm seeing employers laying off or firing employees because they think they'll be a liability or are at risk because of COVID-19. That's flatly illegal and wrong.

EEOC has issued a pandemic guidance that answers some of the many questions employers and employees have regarding the interplay between the Americans With Disabilities Act and coronavirus. Here are some answers to some common questions.

Is my employer allowed to take my temperature? Normally, no. It's a medical examination. The ADA prohibits employee disability-related inquiries or medical examinations unless they are both job-related and consistent with business necessity. EEOC says, "Generally, a disability-related inquiry or medical examination of an employee is job-related and consistent with business necessity when an employer has a reasonable belief, based on objective evidence, that:

• An employee’s ability to perform essential job functions will be impaired by a medical condition; or
• An employee will pose a direct threat due to a medical condition."

In EEOC's summary What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, they say: "Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature. However, employers should be aware that some people with COVID-19 do not have a fever."

So short answer, yes, during this pandemic, they can take your temperature.

Can my employer ask about my symptoms?: Normally, they are not allowed to ask information that will lead to the disclosure of a disability. That changes during the pandemic. Based upon the above, yes, they can ask if you have any coronavirus symptoms.

I have a disability that makes me more likely to die or be hospitalized from COVID-19. Can I stay home? You could have your doctor fill out FMLA paperwork (regular, not the new emergency FMLA) and/or put in for a reasonable accommodation for your disability under the Americans With Disabilities Act. Both of those are still in effect and should apply to you.

If you stay home you may be entitled to paid sick time.

Federal, state and local governments are constantly issuing new rules on who has to stay home, which businesses are essential, and what benefits workers may get, so stay tuned and I'll try to update you on major changes.