a white male gets approved for leave and a minority woman does not,
for no valid and documented reason.
Given that the coronavirus started in China, the possibility exists
that employees or patients of Asian descent could face discriminatory
actions or comments. If such an allegation presents itself, hold true
and fast to your anti-discriminatory policies. Investigate the allega-
tions and, if appropriate, discipline accordingly.
Creating a record
Doing business during a pandemic demands keeping detailed written
records. If anything, this is a time to over-document. We don't expect
lawsuits from incidents that happened during this COVID-19 emer-
gency to be filed in October and November. They'll likely be filed next
year, so make a note of the decisions you make related to COVID-19
precautions or policies. While defending your actions, if something
isn't in writing, it didn't happen.
OSM
Ms. Duhart (casey.duhart@wallerlaw.com) is an associate attorney at the
Waller Lansden Dortch & Davis law firm in Nashville, Tenn.
Legal Update
LU
3 0 • O U T P A T I E N T S U R G E R Y M A G A Z I N E • J U N E 2 0 2 0
