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

Asked about 1 year ago - 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.

Additional information

Results for drugs and HIV were negative.

Attorney answers (4)

  1. Vincent Peter White

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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... more
  2. Matthew Ian Marks

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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... more
  3. John P Corrigan

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  4. Alan James Brinkmeier

    Contributor Level 20

    2

    Lawyers agree

    1

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

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