Q: My business started returning to the office earlier this summer, and now we’re ready for phase two. Can we require employees who live with or are regularly exposed to essential workers (healthcare, teachers, food service, daycare providers) to continue working remotely and not allow them back to our physical office if they want to return and/or if we return the office? 

A: The legal answer is yes, you can require employees to work from home. You’re singling employees out, but not based on a protected characteristic.

The practical answer is no. How will you regulate exposure - weddings, funerals, sporting events, regular exposure to an essential worker, etc.? It’s better to strike a balance - encourage employees to reflect on their activities and exposure and consider the risk to others when it is voluntary to return to the office.