COVID-19 Employment Law - FAQ

1. Can my employer lay me off because of COVID?

Yes, but your employer cannot lay you off because of discrimination or retaliation.

If you think you were laid off because of discrimination or another illegal reason, talk to a lawyer. 

For example, you should talk to a lawyer if:

• Your employer lays you off and says it is for economic reasons due to the pandemic. If you are Asian, and notice that only Asian employees are laid off, it could be discrimination.


• You are fired after reporting to OSHA that your workplace is not following COVID safety guidelines. It could be retaliation for your report. That's against the law.

2. What if my employer will not let me work from home?

You can ask your employer to adjust your duties so you can work from home.

But if your employer will not let you work from home and you do not go back to the workplace, your employer may fire you.

If that happens, you may not be able to get unemployment benefits.

Exception:

• If you have a disability that puts you at higher risk from COVID, you may request a reasonable accommodation. Your employer MUST talk with you about your request to work from home.


• If you have disability, your employer should allow you to work from home unless it is too difficult or expensive for your employer to do so. That is an undue hardship.


• If your employer cannot afford to have you work from home, you can ask for other options like a separate work area.

3. I have a family member who is at higher risk from COVID. Can my employer make me come to work?

Yes. The disability laws only apply to you, not your family member.

For more information, contact the U.S. Equal Employment Opportunity Commission’s (EEOC) direct answer to this question.

4. Can my employer ask if I am vaccinated?

Yes. The law says your employer may ask you to show proof of a COVID vaccine.

But it may be against the law for your employer to ask other questions, such as why you did not get a vaccine.

5. Can my employer require me to get a COVID vaccine?

Yes.

Exceptions: You do not have to get a COVID vaccine if:

• Your job contract says vaccines are NOT required, or


• You did not get a vaccine because of a disability or religious belief


• You must then ask your employer for a reasonable accommodation. That could be working from home or a separate area at work.


• Your employer does not have to give you an accommodation if:


• 1) it is too difficult or expensive or


• 2) you being unvaccinated would create a “direct threat” to the safety of employees or others.

The Oregon Bureau of Labor & Industries has helpful FAQs.

6. Can my employer say I must wear a mask at work?

Yes. You must follow all workplace safety rules, such as wearing a mask.

If you cannot wear a mask safely due to a disability, your employer must consider providing other protective gear, if it is not too difficult or expensive to do so.

Right now, Oregon has a statewide mask mandate. You MUST wear a mask in all indoor spaces, vaccinated or not.

Check the State of Oregon website for the most recent rules.

7. I tested positive for COVID. I was infected at work. What should I do?

You should contact your health care provider and employer right away.

You may also file a workers’ compensation claim.

To file a claim, contact the Workers’ Compensation Division:

• Call 800-452-0288 or
  
• Email workcomp.questions@oregon.gov

If you want help to understand your rights and responsibilities, contact the Ombudsman for Injured Workers:

• Call 800-927-1271 or
  
• Email oiw.questions@oregon.gov

Legal Editors:  Caitlin Dolan