Against the backdrop of large gatherings ranging from protests to political rallies to picnics at the beach, employers trying to enhance workplace safety in a time of COVID-19 are increasingly asking what they can do when their employees take risks outside of work.
Employers should balance the medical safety risk for workers who could catch the virus from a less-than careful coworker and the legal risks associated with trying to control a worker’s life outside of work, said
Hugh Murray, Hartford, Connecticut-based partner with McCarter & English LLP’s employment law practice.
“A lot of protected activities can take place off duty,” he said.