Aviva Grumet-Morris Discusses What Makes a Business Essential with The Chicago Tribune

With Illinois under a strict shelter-in-place order due to the growing number of COVID-19 cases in the state, many businesses are currently shut down or instructing employees to work from home, if possible. However, some businesses, like grocery stores, gas stations, hardware stores, banks, and food production plants have been deemed essential and, for that reason, are still operating in these uncertain times. 

Reprinted with permission from the Chicago Tribune 

Aviva Grumet-Morris, a Chicago-based partner in the labor and employment group at Winston & Strawn, said employers are taking pains to make an honest assessment of whether they are essential, a classification Illinois’ order says should be construed broadly to ensure necessary goods and services continue to be available. Companies that supply essential businesses are also considered, essential, so the order encompasses more than the obvious.

What should employees do if they’re concerned about working?

Employees who dispute the essentialness of their business should raise concerns with their manager to get an understanding of the company’s thinking, Grumet-Morris said. If a person feels uncomfortable going into work, it’s possible that the employer could accommodate the worker as it tries to make the workplace compliant with evolving safety guidelines.

“It may be that the solution here is one that is great for everyone,” Grumet-Morris said. “If you have a business and it needs to reduce the number of people that are on the floor at a particular time, or they want to move people to a different shift, it could be to the worker’s benefit.”

Employees who are particularly vulnerable to becoming ill with COVID-19, such as if they have an underlying condition, could seek a reasonable accommodation under the Americans with Disabilities Act that could allow them to work from home or take a leave, Grumet-Morris said.

View all of our COVID-19 perspectives here. Contact a member of our COVID-19 Legal Task Force here.

To learn more about essential businesses and what employees can do to make sure they are staying healthy, read the full Chicago Tribune article here.