Q: I’m an worker in a New York Metropolis co-op constructing, and a member of the Native 32BJ union. Not too long ago, considered one of my co-workers was out sick and a few residents realized that he had Covid-19. I requested the superintendent how they knew, telling him that this was non-public info. Then just a few 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 realized from one other worker that I had Covid. However I had solely knowledgeable the tremendous. I’m involved about why and the way this info is spreading. What rights do I’ve to guard my medical privateness?
A: Your supervisor is strolling a advantageous line in relation to Covid. Federal tips require workers’ well being info to be stored 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 a bit 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 making an attempt to handle the unfold of Covid of their office, however they’re additionally making an attempt to guard worker confidentiality.”
It’s doable your supervisor or the co-op board knowledgeable workers 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 info he handed alongside. If he recognized you instantly, he could have violated your confidentiality rights underneath the Individuals with Disabilities Act. However in case you volunteered the knowledge by telling your supervisor unprompted that you just had Covid, then your privateness won’t be protected primarily based on some courtroom rulings, mentioned Mr. Bodie. (And in case your co-workers have been those who instructed different individuals that you just had Covid, they might not be violating your rights as a result of they don’t supervise you.)
Even when your supervisor stored your identify out of the Covid dialog, in case 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, in case you really feel that your confidentiality was violated, you may 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, chances are you’ll need to have one other dialog along with your supervisor, expressing your privateness issues and requesting that he be as discreet as doable sooner or later.
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