HIPPA and ADA in relation to COVID19
HIPPA protects people from having confidential medical information divulged by medical providers. Employers are only considered noncompliant if we share employee information we have received from a medical provider. What Miller Pipeline has been reacting to are reports from employees who either have virus symptoms, been exposed either first hand or second hand to people who have been diagnosed with the virus, have traveled to a Level 2 or 3 area or very recently been on a cruise. Sharing this information among company leaders and fellow employees who may have been exposed does not constitute a HIPPA violation. We do need to be sensitive to quarantined employees’ feelings during what is already an emotional time. Please only share their situation on a need to know basis.
The ADA protects people who have disabilities as recognized within the meaning in the act or who could be judged to have a disability from discrimination in employment. If a candidate or employee can perform the essential duties of a position with or without reasonable accommodation they are deemed capable of holding the position. Quarantining employees in the case of a pandemic such as COVID19 does not violate the ADA.
If you have any questions about any of the above, please call Geoff Gailey at 317.518.0713