In the age of a viral epidemic, health privacy has come in conflict with general welfare
Throughout America right now, individuals are being informed by their employers that co-workers have tested positive for the novel coronavirus or may be experiencing symptoms consistent with COVID-19. Those internal memos may feel unsatisfactory and lead to natural follow-up questions: Exactlytoo. Companies may experience pressure to disclose certain information while also feeling handcuffed.
On the other hand, Fernandez adds, "It would be negligent for an employer to just say they can't disclose and sit back because they can't do anything else." "At this point, the information that the employer shares in this situation should be specific enough to give employees a sense for whether they might be at risk, but not so specific that it would be easy to identify the affected individual," says Jo-Ellyn Sakowitz Klein, a privacy lawyer at Akin Gump. "In many situations, finding this balance could be tricky."
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