Document Type

Article

Publication Title

Oklahoma Law Review

Publication Date

2021

ISSN

0030-1752

Page Number

27

Keywords

health in the workplace, privacy, discrimination, workplace safety

Disciplines

Health Law and Policy | Labor and Employment Law | Law

Abstract

This Article will consider the consequences of a large number of workers making their health conditions known to their employers during the pandemic. Becoming visible will likely have short-term costs for both employers and employees-—in terms of health-status discrimination, privacy, and administrative burdens. Nonetheless, this Article will ultimately argue that becoming visible also has a major benefit: improved information flow between employers and employees. Although the long-run cost-benefit analysis of increased health-status visibility during the pandemic remains to be seen, increased visibility ultimately has the potential to improve the employer-employee relationship.

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