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Can an employer force you to do a Physical and HIV test then sign over results to her after hiring you?

Brooklyn, NY |

Employer sent my friend who's a nanny(S) to doctor of her choosing and paid for complete physical inclusive of HIV. S was forced to sign release note in doctors office giving employer access to results. If not she would be fired. After S told employer results employer went to doctor and doctor disclosed results to employer. Some of S's results came back repetitive because she already had them and they were administered again before blood work came back. S has a Nanny contract with family at start of job which did not state a HIV test or physical for job.

Results for drugs and HIV were negative.

Attorney Answers 4

Posted

This process sounds standard to me, in the context of child safety.

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Posted

I do not know of any law in New York State that would make this illegal.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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Posted

I am not aware of a law that makes this illegal and it seems permissible to protect the child.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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Posted

Your question intimates a view that the employer was invading your friend's right to privacy. However, if the job is a nanny being in close proximity to a child then the safety of the child comes first in any analysis...the fact that she was hired beforehand does not preclude auch reasonable request and is not unlike job offers wherenthe offer is conditioned in a drug test. If your friend found it offensive then she is free tom decline the job and go elsewhere. There is nothing illegal I am aware of about the parents request.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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