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re: Question dealing with employee infected and ADA

Posted on 4/7/20 at 10:35 am to
Posted by bee Rye
New orleans
Member since Jan 2006
34629 posts
Posted on 4/7/20 at 10:35 am to
quote:

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.

that sounds like bullshite. they have a moral obligation to let everyone who had contact with them to know. sounds like they are just scared of losing their workforce
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 4/7/20 at 10:41 am to
quote:

I'm confused as to why ADA would apply to a coronavirus
With more thought, it may be that complications related to the coronavirus could lead to disability related issues. So, not all diagnosis of covid-19 (probably not most) would be ADA issues, but some could involve ADA issues.
Posted by J_Hingle
LA
Member since Jun 2013
5417 posts
Posted on 4/7/20 at 10:41 am to
This is exactly what I am thinking. It has been 2 days and still no meeting discussing it
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71843 posts
Posted on 4/7/20 at 10:44 am to
The employer is legally obligated to maintain the confidentiality of the employee's medical information, based on ADA and FMLA laws.

In fact, if the person that the employee told went on to disclose that employee's name and medical information to even a just a subset of coworkers (e.g. managers), without having justification based on specific exceptions, that may also run afoul of the law.

I am not familiar with any legal responsibilities for the employer to disclose the situation in general terms to the entire workforce (assuming personal information confidentiality is maintained), but a solid ethical argument can be made that they should let everyone know they may have come in contact with someone that had a contagious virus.
Posted by GeauxBlonde
Member since Feb 2013
194 posts
Posted on 4/7/20 at 10:57 am to
The current best practice is for anyone diagnosed with Covid-19 to self-isolate for 14 days and anyone directly exposed to someone with a confirmed case to self-quarantine for 14 days.

The employer should ask the affected person who they had direct, significant contact with and those persons should be notified (without revealing the affected person's name) and asked to stay home for 14 days, working remotely in any way possible.
Posted by Clark W Griswold
THE USA
Member since Sep 2012
10955 posts
Posted on 4/7/20 at 11:04 am to
We don’t let people know the name publicly but let people know who they came in contact with. Then on a personal level we tell people.
Posted by eatpie
Kentucky
Member since Aug 2018
1583 posts
Posted on 4/7/20 at 11:33 am to
Simply solution would be for the company to explain they are restricted from naming the guilty infected person. Then make a dramatic hazmat disinfecting production of that person's desk, all the while claiming "this is a routine cleaning".
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46212 posts
Posted on 4/7/20 at 11:52 am to
We had someone in our building test positive and were alerted by HR that someone in the building tested positive, but it was after the WFH started. We know who it is because he went on the news to share his story.

My sister also had someone test positive at her work and they contacted people who had direct contact with that person to let them know.
Posted by Brian Wilson
Member since Mar 2012
2397 posts
Posted on 4/7/20 at 12:09 pm to
They certainly should let you know that "an employee has tested positive." If they gave a damn they would be proactive and send you home and clean/disinfect the entire place.

Per HIPPA they shouldn't disclose specific employee. HIPPA doesn't prevent them from disclosing general information.

ADA is incorrect.
Posted by Cracker
in a box
Member since Nov 2009
19320 posts
Posted on 4/7/20 at 12:33 pm to
You mean hipaa
I
Posted by baldona
Florida
Member since Feb 2016
24485 posts
Posted on 4/7/20 at 12:39 pm to
Send 2 emails:

1st email: For the safety of all employees, anyone that management is made aware has tested positive for Covid will be quarantined from the office for 14 days with a laptop and work phone.

2nd email: Karen will be working away from the office for the next 14 days, if you need her please contact her through email or her work cell at XXX XXX.
This post was edited on 4/7/20 at 12:39 pm
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 4/7/20 at 12:40 pm to
what does having the plague have to do with being disabled, send him home and tell everyone he works with they need to be tested before coming back in, then sterilize anywhere they worked
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