The landscape of workplace health and safety protocols regarding COVID-19 has changed considerably since the onset of the pandemic. Employees often navigate complex information to determine their obligations regarding disclosure of a positive test result to an employer. Whether disclosure is necessary no longer relies on a singular federal mandate. Instead, it hinges on the absence of widespread government requirements, the employer’s legal obligations to maintain a healthy workplace, and the company’s internal policies. This guide clarifies the current environment, focusing on employer duties, employee privacy protections, and practical steps for handling a diagnosis.
The Current State of Mandatory Reporting
A federal or widespread state law that directly compels an employee to inform their employer of a positive COVID-19 test no longer exists in most jurisdictions. The public health emergency and accompanying mandates have largely concluded, leading to the expiration of many previous disclosure requirements. This shift treats COVID-19 similarly to other respiratory illnesses in many non-healthcare settings.
The general trend has moved from a mandatory legal requirement for individual disclosure to a recommended best practice designed to mitigate workplace spread. Some state or local regulations may still require employers in specific, highly regulated sectors, such as healthcare or correctional facilities, to maintain stricter protocols. Outside of these exceptions, the legal requirement for an employee to disclose a diagnosis is typically absent, though the company’s internal policy may still require it.
Employer Requirements and Workplace Safety Rules
Despite the end of most direct government mandates, employers retain an obligation to maintain a safe working environment. This duty is rooted in the Occupational Safety and Health Act (OSH Act), specifically the General Duty Clause (29 U.S.C. § 654). This clause requires employers to furnish a workplace free from recognized hazards likely to cause death or serious physical harm. Since COVID-19 is considered a recognized workplace hazard, employers must take reasonable steps to mitigate the risk of transmission.
This safety obligation drives many organizations to create and enforce internal policies requiring disclosure of a positive test result. Obtaining this information allows the employer to implement necessary measures, such as enhanced cleaning or contact tracing, to protect other workers. Failure to implement reasonable safety measures after learning of an active COVID-19 case can result in citations from the Occupational Safety and Health Administration (OSHA).
Employee Confidentiality and Privacy Rights
When an employee discloses a COVID-19 diagnosis, their medical information is protected by federal law, specifically the Americans with Disabilities Act (ADA). The ADA permits employers to make disability-related inquiries, such as asking about a diagnosis or symptoms, if it is job-related and consistent with business necessity. Since an active COVID-19 infection poses a “direct threat” to workplace health and safety, requiring disclosure of a positive test result is generally permissible under the ADA.
The ADA imposes strict confidentiality requirements on any medical information collected. A positive COVID-19 diagnosis must be kept confidential and stored separately from the employee’s regular personnel file. An employer may notify other employees that they may have been exposed to the virus, but they cannot disclose the identity of the employee who tested positive. This ensures the employer fulfills safety obligations while respecting the employee’s privacy rights.
Employers must limit the scope of their inquiries to what is necessary to determine fitness for duty and manage the direct threat. They can ask about symptoms and potential exposure, but they are generally prohibited from asking about underlying medical conditions, genetic information, or family medical history. Note that the Health Insurance Portability and Accountability Act (HIPAA) does not typically prevent an employee from voluntarily disclosing information to their employer, as HIPAA primarily governs healthcare providers and health plans.
Potential Consequences of Not Disclosing
If an employer has a clear, established, and communicated policy requiring employees to report a positive COVID-19 test result, failure to comply can lead to serious consequences. While the employee is not violating a federal or state law by keeping their medical status private, they are violating a specific workplace safety policy. This violation can be treated as a breach of the terms of employment.
The most severe outcome is disciplinary action, which may include suspension or termination. Furthermore, if an employee requires paid sick leave or other benefits contingent on a positive diagnosis, failing to disclose the information as required by the policy may result in the loss of those benefits. Employers are generally within their rights to enforce reasonable, non-discriminatory policies designed to ensure workplace safety.
Practical Steps for Communicating a Diagnosis
When an employee receives a positive COVID-19 test result, prompt communication is necessary, especially if company policy requires it. The employee should use the designated communication channel, typically the immediate supervisor or Human Resources department, as outlined in the company’s internal safety plan. Providing notice quickly allows the employer to take immediate steps to reduce potential exposure for co-workers.
The communication should be professional and limited to necessary facts, such as the date of the positive test and the employee’s last day in the physical workplace. Employees should provide only the information required by the policy and avoid disclosing unnecessary details about their medical history or treatment. Documenting the date, time, and recipient of the disclosure is a prudent measure to maintain a record of compliance.