On January 26, 2021, the San Francisco Board of Supervisors passed the COVID- Related Employment Protections Ordinance (“Ordinance”). The Ordinance became effective March 7, 2021 and prohibits employment discrimination on the basis of COVID-19 status.
What does the Ordinance Prohibit?
Employers may not fire, threaten to fire, suspend, discipline, or in any other manner take an adverse action against an employee who is absent or unable to work, or who requests time off from work, because the employee tested positive for COVID-19 or is isolating or quarantining due to COVID-19 symptoms or exposure. Employers are also prohibited from rescinding an offer of employment or from deciding not to employ an applicant who has tested positive for COVID-19 or who is isolating or quarantining due to COVID-19 symptoms or exposure.
Is there a Notice Posting Requirement?
Yes. Employers must provide a required notice to employees in a manner calculated to reach them by:
- Posting in a conspicuous place at the workplace;
- Providing the poster via an electronic communication; and/or
- By posting in a conspicuous place on an employer’s web-based or app-based platform.
Every employer must provide the notice in English, Spanish, Chinese, and any language spoken by at least 5% of the employees who are at the workplace or job site.
How long is the Ordinance Effective?
The ordinance is in effect until March 6, 2023.
- Notice to Employees
- COVID-Related Employment Protections Ordinance
- COVID-Related Employment Protections Ordinance – FAQs (March 19, 2021)
- Office of Labor Standards Enforcement
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