CALIFORNIA FARM LABOR CONTRACTOR ASSOCIATION
"Providing Jobs That Feed The World"
As noted in our most recent update, the California Department of Fair Employment and Housing (DFEH) has updated its COVID-19 guidance for employers. The updates concern many of the issues that employers have grappled with since the onset of the pandemic. For example, the guidance addresses such questions as whether employers can legally require COVID-19 screening, testing, and vaccination. The recent guidance replaces prior guidance that the DFEH issued on March 20 and July 20, 2020. While employers should carefully read through the entire guidance, we have summarized it here:
“[Employer] has learned that an employee at [location] tested positive for the COVID-19 virus. The employee received positive results of this test on [date]. This email/text/letter is to notify you that you have potentially been exposed to COVID-19 and you should contact your local public health department for guidance and any possible actions to take based on individual circumstances.”
What This Means for Employers:
The DFEH’s new guidance confirms that employers can require COVID-19 screening, testing, and vaccination among employees (provided that employers are careful to consider reasonable accommodations for employees’ disabilities and sincerely-held religious beliefs). Ultimately, employers should continue to closely follow Cal/OSHA’s ETS while keeping in mind the need to engage in a timely interactive process with employees with disabilities or sincerely-held religious beliefs that are in conflict with an employer’s COVID-19 policies.
If you have any questions, please do not hesitate to contact us.
Patrick S. Moody
Barsamian & Moody
Off.: (559) 248-2360
Cell: (559) 285-1438