PHOENIX — As positive COVID-19 cases continue to rise in Arizona, the majority of those getting between the ages of 20 and 44 according to the Arizona Department of Public Health.
"I've seen lots of coffee shops. I've seen people sick from bars and especially I've seen people who work at restaurants who are waiting at tables getting COVID," said Dr. Andrew Carroll, Family Physician and owner of Atembis LLC.
Dr. Andrew Carroll has seen an increase in his younger patients working in the service industry. "These are food service places and if their employees are getting sick with COVID, they're closing down to do the deep cleanings, that then impacts the employer."
Questions:
- What are workers' rights to know if another employee is sick?
- What should employers do to keep the public informed?
The Arizona Restaurant Association says restaurants are not required to make a public statement but suggest a restaurant should “get in front of the issue by making a statement on their website or online.”
"There's no legal requirement for employers to disclose that another employee or a customer has tested positive," said Arizona State University professor of law Michael Selmi.
Selmi specializes in employment law. He says legally under the American with Disabilities Act employers can not disclose the identity of someone who's tested positive. However, "Employers can without violating the law informed employees that someone tested positive and allow them to take appropriate precautions."
According to Selmi, under the Family Medical Leave Act, an employee can quarantine for 12 days without losing their job if there's been a clear indication they've been exposed to the virus but fear alone isn't reason enough to not show up for work.
However, if the employee feels there is a workplace hazard, the employer could be found liable.
Selmi says there often isn't a direct legal answer but that restaurants and employees should take every precaution to follow CDC guidelines to keep themselves and everyone safe.