Tom Spiggle in Forbes writes:
So, it might be pretty obvious that an employer can’t tell an Asian job applicant, “I hate Asians, so I’m not hiring you.” But what if the employer, in an attempt to keep the workplace free from coronavirus, tells a job applicant, “Look, Asian people make me nervous because they’re more likely to have the coronavirus, so I can’t hire you.” Is that legal?
No, it’s not. But the goal of what this employer is trying to do is not illegal, although the method of carrying out this objective is. Therefore, the employer must find other ways to reduce the chances of hiring someone with the coronavirus.
Discriminating Against the Coronavirus or Someone’s Race?
If an employer wants to avoid hiring someone with the coronavirus, that’s perfectly legal. This means the employer can legally:
- Screen job applicants for symptoms of the coronavirus.
- Ask a new hire to delay his or her start date because they have the coronavirus or are suspected of having it.
- Decide not to hire a job applicant because they are unable to start working as needed due to the job applicant having (or being suspected of having) the coronavirus.
But deciding that a person's race or ethnic background can be used to discriminate, obviously no.
forbes.com/sites/tomspiggle/2020/04/20/coronavirus-scapegoating-employment-discrimination-against-asian-americans/#584d453b4470
