San Francisco Passes Emergency Ordinance Protecting Employees From Adverse Action Related to COVID-19

The emergency ordinance protects workers from adverse actions when they are absent, unable to work, or request time off because they

1. tested positive for COVID-19 or
2. are isolating or quarantining (or previously isolated/quarantined) due to exposure to COVID-19/having symptoms.

Adverse actions include discharge, threats to discharge, demotions, suspensions, discipline, reduction of employee benefits, or any other manner to discriminate against the worker. Adverse action includes counting the worker’s absence against them under the attendance policy. Any adverse actions taken within 90 days of the worker’s absence/request for time off will raise a rebuttable presumption that the adverse action was taken in violation of the emergency order. The employer can rebut the presumption by establishing a basis for the adverse action, including but not limited to the worker’s performance or misconduct.

This protection does not apply to workers caring for family members with COVID-19 unless the employee cannot work due to exposure from a family member. The employer may require the worker to identify the basis for the absence but may not require disclosure of documentation or health information.

Additionally, employers are prohibited from rescinding an offer to employ or contract with an applicant based on testing positive for COVID-19 or isolating/quarantining.

San Francisco has released a Frequently Asked Questions document with additional information.² 

²Frequently Asked Questions available at https://sfgov.org/olse/sites/default/files/CREPO%20FAQs%2009.11.20.pdf.