A Wisconsin judge has issued a temporary injunction preventing the state from releasing the names of more than 1,000 employers with potential COVID-19 outbreaks, according to www.constructiondive.com. The lawsuit, brought by Wisconsin Manufacturers & Commerce and other business groups, had the support of construction organizations such as Associated Builders and Contractors and the Associated General Contractors of Wisconsin.
According to WMC, Gov. Tony Evers’ administration was set to release the names of employers that had at least two cases of COVID-19—regardless of where they were exposed—or that had two or more contact tracing investigations even if no one tested positive.
The business group successfully argued releasing the names would be a violation of state medical privacy laws, which prohibit releasing the names of patients’ employers; revealing employer names would cause WMC members and their employees “irreparable harm”; and disclosing such information could undermine the public’s trust in the Wisconsin Department of Health Services and its efforts to stop the spread of COVID-19.
ABC, AGC of Wisconsin and other trade groups submitted an amicus brief in support of the injunction. The trade groups noted many construction company employees wear identifying logos on their clothes or drive vehicles with company insignia, which potentially could link them to contractors on the list and unfairly associate them with COVID-19.
The trade groups also noted the names of employers are protected under the federal Health Insurance Portability and Accountability Act of 1996 as confidential patient demographic information.
