GOP’s Coronavirus Biz Liability Shield Plan Raises Eyebrows

Janie Schulman spoke to Law360 about the proposed "Safe Work Act” that was recently introduced in the Senate.

“The bill is designed to make it practically impossible for an employee to bring a successful claim for damages for a coronavirus-related injury,” Janie said. “I’ve never seen a statute drafted this stringently when it comes to employees.”

Janie said that she expects lawmakers in the House of Representatives to insist that some of the provisions be scaled back substantially, adding that the requirements for a statement regarding a defendant’s “state of mind” and the clear-and-convincing evidentiary standard are the most likely to be excised from the final version of the bill. Conversely, she said the health guidelines compliance requirement is likely to withstand negotiations in Congress.

“I think that it’ll be easier to push back against some of those requirements than to argue that employers should be held liable in tort when they are doing their best in a crazy time,” Janie said.

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