Q: I’m an worker in a New York Metropolis co-op constructing, and a member of the Native 32BJ union. Lately, one in all my co-workers was out sick and a few residents discovered that he had Covid-19. I requested the superintendent how they knew, telling him that this was personal data. Then a couple of weeks later, the identical factor occurred to me: I returned to work after having been out with Covid, and a few tenants requested me about it. One instructed me that she discovered from one other worker that I had Covid. However I had solely knowledgeable the tremendous. I’m involved about why and the way this data is spreading. What rights do I’ve to guard my medical privateness?
A: Your supervisor is strolling a advantageous line in terms of Covid. Federal pointers require staff’ well being data to be saved confidential. However employers even have an obligation to tell employees (and, in your case, maybe tenants, too) about their potential publicity to an infectious illness.
“Employers are in just a little little bit of a troublesome spot right here,” mentioned Matthew T. Bodie, a professor on the College of Minnesota Legislation Faculty, who teaches and writes about labor and employment regulation. “They’re attempting to handle the unfold of Covid of their office, however they’re additionally attempting to guard worker confidentiality.”
It’s doable your supervisor or the co-op board knowledgeable staff and tenants that they could have had a Covid publicity. Would doing so violate your confidentiality? The reply is dependent upon what, precisely, you instructed your supervisor and what data he handed alongside. If he recognized you immediately, he might have violated your confidentiality rights underneath the People with Disabilities Act. However when you volunteered the data by telling your supervisor unprompted that you just had Covid, then your privateness may not be protected based mostly on some courtroom rulings, mentioned Mr. Bodie. (And in case your co-workers had been those who instructed different individuals that you just had Covid, they’d not be violating your rights as a result of they don’t supervise you.)
Even when your supervisor saved your identify out of the Covid dialog, when you work in a small office and also you’re the one individual out sick, it doesn’t take an enormous leap for workers or tenants to determine who has Covid.
Nonetheless, when you really feel that your confidentiality was violated, you possibly can contact your union consultant or file a grievance with the Equal Alternative Employment Fee or the New York Metropolis Human Rights Fee. However even when your rights haven’t been violated, you could wish to have one other dialog together with your supervisor, expressing your privateness considerations and requesting that he be as discreet as doable sooner or later.
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