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Rising Star
Privacy. You don’t need to know a person’s identity. You simply need to know if you’ve come into contact with someone.
Pro
L&e attorney, this is what we have been advising clients.
Chief
Not HR. No comment
I’m a privacy attorney would depend on location but likely you can disclose just not the persons name
Chief
At this point so many people have it that it doesn’t even matter.
How would I know if I came into contact with them unless I know who they are? Would I just get a generic notification saying someone on my team/department/floor has Covid? What about ABW work spaces? That's just a disaster waiting to happen?
At my workplace, they had the employee give a list of people they were within 6 ft of for the 2 weeks prior to symptoms. Obviously not foolproof or applicable to everyone, but thats how it worked for us.
EEOC just did a webinar that is publicly available today. Under the ADA and GINA, you cannot disclose the identity of someone who tests positive or who presents at work with COVID-19 symptoms. However, you probably should determine who that person came into contact with and inform them that they may have been in contact with someone who tested positive with the virus and that the employer has taken measures to mitigate and disinfect.
Privacy. It's definitely illegal for hr to even ask
Why does it matter who they are if all their contacts are notified?
EY3: it absolutely matters especially when testing is contingent on whether you have had contact with someone who has tested positive. My doctor won't authorize a test unless that has happened
I think under HIPAA, HR is not allowed to disclose for privacy reasons but they do have to let you know if they’re aware of employee testing positive so you can self-quarantine. We had people in our office test positive, some of which were in my group specifically too, and the emails from leadership only said that they reached out to those that worked closely with the people that tested positive to inform them and to let the rest of us know to self-quarantine for the recommended 14 days.
Pro
P1 - you’re making stuff up. HIPPA governs healthcare settings, not general employers. But yes, the near consensus is that employers must notify employees of they had possible exposure WITHOUT naming names.
They should you if somebody has tested positive and specifically alert anyone who had contact with them. They should not release names.