Hartford Business Journal

24 Hartford Business Journal • June 29, 2020 • www.HartfordBusiness.com OPINION & COMMENTARY OTHER VOICES Manufacturers' spirit of innovation key to future growth By Janet Prisloe A s the state's manufacturing sector now begins the slow process of returning to some semblance of "normal" business and production, producers see this as an opportunity to once more emerge as national leaders. The COVID-19 crisis created a remarkable burden for manufacturers far and wide, but we are seeing evidence that the industry has weathered the storm, and there are indeed reasons for optimism. This unprecedented time has natural- ly caused great concern for a manufac- turing sector that has been at the heart of Connecticut's economy for more than a century. Most have seen workforce reductions and supply chain disruption, not to mention a heavier financial strain. Yet, despite these challenges, many maintained levels of productivity due to necessary and creative solutions, including a shift to remote work for those who didn't need to be in the building or on the factory floor, and more reliance on automation to meet customer deadlines. Safety remained a top concern and manufacturers throughout the state took the critical steps of developing new protocols to protect their employees' health — and these measures allowed employers to limit employee exposure to the virus. A good number of the state's manufacturers were deemed "es- sential" by Gov. Ned Lamont due to the products they make, and they responded impressively by getting the job done. They created new work schedules, supplied workers with the technological tools to help them do their jobs from home, and some even shifted their focus to manufacturing vital personal protective equipment (PPE) to contribute to the overall public health efforts in Connecticut. As manufacturers emerge from the pandemic, the key once again centers on the spirit of innovation to help them thrive once more and to help the industry rebound. As one manu- facturer recently stated in a Forbes article, "We're looking at five years of innovation over the next 18 months." This means a greater incentive to explore avenues of automation, to both increase production and decrease worker density. Manufacturers have made amazing strides for the past gen- eration in supporting human know- how with modern automation in areas such as artificial intelligence, machine learning and augmented reality. Further advancements in those areas and more can help set the pace for the next phase in modern manufacturing. From the largest manufacturers to the smallest sup- pliers, technology and automation EXPERTS CORNER Lamont's executive orders could spur employment-discrimination lawsuits By Robin B. Kallor I t seems almost like an Orwellian nightmare: By following the law, one violates the law. Unfortunately, this may be pre- cisely the paradox that many Con- necticut employers now face. Gov. Ned Lamont's plan to "reopen" the economy may unintentionally have the perverse consequence of leaving employers that strictly comply with the reopen- ing guidance vulnerable to employment- discrimination lawsuits. On May 20, Connecticut began to reopen its economy, pursuant to Lamont's executive order 7PP and its associated general and sector-specific guidance. Employers, even in their under- standable rush to resume business, must be cautious about imple- menting the governor's guidance because some of its provisions may come into conflict with existing and superseding federal employment- discrimination laws. This creates substantial risk for em- ployers, inviting expensive lawsuits by doing nothing more innocuous than following the public health policies mandated by the state of Connecticut. What exactly is the conflict? The issue is that the governor's guidance advises employers to treat certain employees differently on the bases of their age, disability or preg- nancy, which may in turn violate fed- eral employment-discrimination laws. For example, the guidance in- structs employees who are over age 65 and those who have underlying medical conditions to "stay home." Yet, following the instruction rigidly (i.e. disallowing employees over 65 or who have underlying medical conditions from coming to work), without regard to federal anti- discrimination laws, could leave an employer vulnerable to expensive discrimination lawsuits brought by affected employees. There are multiple major federal laws at play. The Age Discrimination in Employment Act prohibits employ- ers from discriminating against employees age 40 or older because of their age; the Americans with Disabilities Act prohibits employers from discriminating against em- ployees because of their disability. Under these laws, employers may not prevent employees from com- ing to work because of their age or disability, despite being at medically higher risk of contracting COVID-19. Undoubtedly, the governor was acting in good faith to protect high- risk employees with his executive order and guidance, but Lamont does not have the power to repeal or suspend federal laws. How can employers thread the nee- dle of complying with this guidance? Instead of preventing employees in these high-risk categories from coming to work altogether, em- ployers should provide them with options for alternative working arrangements — but never require workers to accept them. Consider whether accommoda- tions could be made to allow these high-risk employees to work as safely as possible (i.e. allowing the employee to work remotely). If that is not an option, offer these individuals the opportunity to take a voluntary furlough and collect unem- ployment. Employers may not require employees to take advantage of these Robin B. Kallor Janet Prisloe

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