TAMPA, Fla. — As Florida’s economy reopens, and more people head back to their jobs or apply for new ones, some workers are being asked to share test results proving they are negative for COVID-19.
Is that a reasonable requirement? Is it even legal?
“We are in an extreme time, and extreme measures, to some degree, are going to be allowed to try to keep people safe,” said attorney Robert Tobey.
Tobey says it’s probably okay to require a test as long as the employer doesn’t discriminate when it comes to who has to take the test. It also must not violate the Health Insurance Portability and Accountability Act, or HIPAA by sharing that private information with health care providers.
That means the info stays between employer and employee.
“Right now, we are in an extraordinary time,” said Tobey. “And all of the rights have limitations.”
Another legal opinion is that employees do have a right to keep their medical records private, and that requiring test results creates a slippery slope.
“You know, where do we draw that line? Do we say if we open the door, what else does that open the door to?” asked attorney Patrick Leduc.
Another question is whether a test is really necessary. In other words, are we talking about a back-office job that requires very little public interaction or a job like a restaurant server who is constantly interacting with the public?
“Until the courts give us some guidance, I’m not 100 percent clear if there’s a black-and-white answer,” said Leduc.
Another point, raised by public health workers, is that without regular follow-up testing, a COVID-19 test requirement might serve little or no propose.
“If you test somebody today, they may test negative because the virus hasn’t hit their body in a way that it’ll manifest itself yet,” said USF Health Physician Dr. Jay Wolfson. “But if you test them tomorrow or the next day, it will.”
What all sides do seem to agree on, is that the virus raises new legal questions that probably won’t be resolved before people return to work or find new jobs.
So, it might be a good idea for everyone involved to show a little flexibility.
“And not make everything into a lawsuit,” said Leduc. “You know, try to work it out. And hopefully it gets everything to where people want to be. Which is, people want to work, they want to be open, they don’t wanna have covid19, and they want to stay safe. And, you know that’s the goal.”
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