Can You Ask a Sick Worker if He Has Swine Flu?
SITUATION
A small manufacturer has been hit hard by the recession and laid off numerous workers. As it now approaches its busy season, the last thing it can afford is for a bout of swine flu to disrupt its operations. Unfortunately, over the course of a few days, one, two, then three workers call in sick, complaining of flu-like symptoms. When the fourth worker calls in sick, his supervisor, fearing that the manufacturer may have a swine flu outbreak on its hands, asks the worker if he has swine flu. The worker refuses to answer, claiming that the question violates his privacy rights.
QUESTION
Was the supervisor’s question a violation of privacy laws?
A. Yes, because it was an unauthorized attempt to collect the worker’s personal information.
B. Yes, unless the government had declared swine flu to be a public health emergency.
C. No, because the manufacturer’s interest in protecting its business from a flu outbreak outweighs the worker’s privacy rights.
D. No, because the manufacturer has a duty under the OHS law to protect workers from illnesses, such as swine flu.
