McDonald’s Case Tests Nuisance Theory for Job Virus Safety (1)

A lawsuit against McDonald’s Corp. will be an early test of whether workers can use a longstanding legal doctrine against public nuisances to force employers to keep them safe from the coronavirus.

Public nuisance claims, which originated hundreds of years ago in land-use disputes to protect society from harm, are common in modern litigation involving environmental pollution, lead paint, and the opioid crisis. Although seldom raised in the employment sphere, the legal theory has been applied in the public health context to combat contagious diseases and could provide a way for courts to police employers’ Covid-19 safety efforts, law professors ...