This situation may be deemed as a health hazard to the employee.

Since all employers are

required by law to ensure that the employees work in a safe and secure work environment that

has no health hazard, it would be a breach of the employment contract for the employer to

require the diabetic employee to work from office where there is increased chance of contracting

Covid-19. The Center for Disease Control released measures that employers from all over the

country must follow to ensure safety of potentially exposed employees. The employers are

required to ensure that they carefully manage the potentially exposed employees and those that

have a high chance of being seriously infected in order to ensure that the entire organization is

protected. In fact, the workplace must adhere to public health recommendations for the exposure

that could be brought about by serving the community in which the organization is located. By

allowing other employees to work from home and forcing the diabetic one to work from office,

the employer demonstrates workplace discrimination and lack of consideration. The employee

must therefore provide evidence showing that her current health condition would be

compromised if she works from the office. Since the law on employment safeguards employees

from being discriminated on the basis of their health status, this particular employee is likely

going to survive the retrenchment which he or she has been threatened with. In addition, since

the government has already stated that people with certain co-morbidities are likely to die from

the coronavirus, it would force the employee to show that he or she is likely going to be a victim

if forced to work from office.

References

Moyce, S. C., & Schenker, M. (2018). Migrant workers and their occupational health and

safety. Annual review of public health, 39, 351-365.

Coronavirus disease 2019 (COVID-19) - Interim guidance for businesses and employers. (2020,

August 23). Centers for Disease Control and

Prevention. https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-

response.html