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Question dealing with employee infected and ADA
Posted on 4/7/20 at 10:18 am
Posted on 4/7/20 at 10:18 am
A person in our office tested positive with Coronavirus and according to the Managers, they cannot let fellow employees know due to the ADA. Is this right? Of course everyone found out anyway because they always do but it seems like during a time like this they should be able to disclose information to fellow employees working in the same office. I researched through various resources but there doesn't seem to be a clear answer anywhere, and multiple contradictions.
22
Posted on 4/7/20 at 10:20 am to J_Hingle
I would let everyone that had contact with the employee know. I am sure I am wrong, but I would do it anyway. They would need to be aware in my opinion.
I think that tracking this thing around would be just as helpful as locking us all in our houses.
I think that tracking this thing around would be just as helpful as locking us all in our houses.
Posted on 4/7/20 at 10:21 am to J_Hingle
I'm confused as to why ADA would apply to a coronavirus.
Posted on 4/7/20 at 10:24 am to J_Hingle
Do you mean HIPAA rather than ADA?
This post was edited on 4/7/20 at 10:25 am
Posted on 4/7/20 at 10:24 am to PearlJam
quote:
I'm confused as to why ADA
I think OP meant HIPAA.
Posted on 4/7/20 at 10:25 am to J_Hingle
There are ways to let them know there was a positive case on location without sharing personal information.
Posted on 4/7/20 at 10:27 am to TrimTab
Maybe. In most cases, employers likely wouldn't be a covered entity as it relates to a coronavirus diagnosis. However, there may be other applicable anti-discrimination or privacy issues at play. I would think the employer would just take the proper precautions and alert the work force that an employee who had been at the facility had tested positive without individually identifying the employee.
Posted on 4/7/20 at 10:28 am to Draconian Sanctions
HIPAA covers medical facilities and patient information. Not employers and employee information
Posted on 4/7/20 at 10:28 am to J_Hingle
Lawyers are about to feast on this shite show
Posted on 4/7/20 at 10:28 am to J_Hingle
quote:
Question dealing with employee infected and ADA
What disability are they infected with?
Posted on 4/7/20 at 10:28 am to J_Hingle
You can say an employee has tested positive without revealing their name.
Posted on 4/7/20 at 10:29 am to J_Hingle
What does the American Dairy Assoc. have to do with Coronavirus?!
Posted on 4/7/20 at 10:30 am to J_Hingle
My workplace didn’t disclose who tested positive either, so it looks like they’re following guidelines related to confidentiality/privacy.
Posted on 4/7/20 at 10:30 am to J_Hingle
I’d imagine you’d have an issue if you sent out a company-wide email that says “Karen has Corona” but not if you did something similar that says “we’ve received word that someone who was in our facility before the shutdown contracted Covid-19”
And then call those who would have direct contact with Karen.
And then call those who would have direct contact with Karen.
Posted on 4/7/20 at 10:31 am to J_Hingle
If it’s something contagious you have to let those that may have come into contact with the affected worker know.
Posted on 4/7/20 at 10:32 am to PearlJam
quote:
I think OP meant HIPAA.
They mentioned both. Both protect employees from the release of personal information with something like this but to just not mention it at all seems to be wrong.
Posted on 4/7/20 at 10:32 am to The Torch
quote:
Lawyers are about to feast on this shite show
Probably. But the government has already shown that they are relaxing many regulations and restrictions. As long as you make a "good faith effort" to keep people's info private and their safety above all else you'll probably be ok
Posted on 4/7/20 at 10:32 am to J_Hingle
CDC Guidelines:
Inform employees without mentioning the infected employee.
quote:
If an employee is confirmed to have COVID-19 infection, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA). The fellow employees should then self-monitor for symptoms (i.e., fever, cough, or shortness of breath).
Inform employees without mentioning the infected employee.
Posted on 4/7/20 at 10:34 am to J_Hingle
The ADA is such a pain in the arse
I had this girl that transferred hit me with her paperwork saying she was allowed to basically miss as much work as she wanted. Luckily she sucked at her job and quit not too long after that. But what a headache.
I had this girl that transferred hit me with her paperwork saying she was allowed to basically miss as much work as she wanted. Luckily she sucked at her job and quit not too long after that. But what a headache.
Posted on 4/7/20 at 10:34 am to c on z
quote:
My workplace didn’t disclose who tested positive either
This I understand. This cooperates with ADA etc.. but this is not the issue. There was an email sent to Managers that this person tested positive and they were told to keep it hush to other employees. I get not giving the persons name but to just keep it from everyone is pretty screwed up
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