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There's arguments to be said that this is a violation of ADA and grounds for massive lawsuits. See: https://www.workplacefairness.org/medical-privacy-workplace

There's arguments to be said that this is a violation of ADA and grounds for massive lawsuits. See: https://www.workplacefairness.org/medical-privacy-workplace#3 https://www.workplacefairness.org/medical-privacy-workplace#... Also, just as a personal aside...I will gladly join massive, maskless protests to underscore that I will never accept medical testing as a condition of engaging in society. This is a completely unacceptable violation of civil liberties.

Zanni 6y ago
I assume you're referring to "Section 4. Can my employer require me to take medical tests in order to keep my job?" But that section explicitly states, "... unless they are related to your job and necessary for the conduct of your employer's business. I think there's a pretty strong case that the health and safety of fellow employees and/or customers during a pandemic qualifies.
- chrisco255 6y ago
  Yeah, no. There is no clause in the Constitution that says "except in a pandemic". We've had far worse pandemics than Covid-19, from tuberculosis to smallpox to Spanish flu, and no such provision was ever required. So if you want to get an amendment to the Constitution, start collecting signatures.
  - ashtonkem 6y ago
    I’m sorry, but you’re just not right. The Supreme Court has repeatedly held that the government has a pretty wide reaching authority when it comes to fighting disease. If the federal government can quarantine entire towns and force vaccines, they can similarly force you to be tested.
    - chrisco255 6y ago
      No, they haven't. There's no such precedent in U.S. history. They can't quarantine towns from the federal level. Not in the least. A state might be able to, because the 10th amendment is a thing, but Federal government cannot. And neither state nor federal government can force vaccines because it violates the 4th amendment. You don't get to search my body for diseases and use them to discriminate against me. Sorry. Furthermore, Roe v. Wade was argued on the basis of a right to privacy that's implicit. So no, I'm right on this.
      - sfblah 6y ago
        https://www.politico.com/news/magazine/2020/05/15/national-quarantine-constitutional-261165 https://www.politico.com/news/magazine/2020/05/15/national-q... I mean, you’re entitled to your opinion, but at least some people disagree. Edit: and, your claim that there is no such precedent is a flat out lie.
      - irrational 6y ago
        No such precedent? George Washington forced vaccinated his entire army from smallpox. There is precedence from the very start of the country. I am so embarrassed on your behalf.
        bernie_simon 6y ago
        Wikipedia says Jenner first demonstrated the smallpox vaccine in 1796. The revolutionary war ended in 1783.
        irrational 6y ago
        According to a tiny bit of research, it was a crude form of smallpox vaccination, yet still a vaccination.
        ashtonkem 6y ago
        Inoculation, technically.
  - bosswipe 6y ago
    The constitution doesn't say you have to wear pants either but it's still required. In any case the workplace link you cited is not in the constitution it's the disability law.
  - lps41 6y ago
    Sorry, but you are wrong. This would no more violate the ADA than random drug testing (legal) or requiring temperature checks, which some employers are already doing to protect against COVID-19. Also, the ADA is not a constitutional amendment, so even if there is a potential conflict with ADA, Congress could easily address that in a new bill without needing to pass a new constitutional amendment.
EliRivers 6y ago
From an outside viewpoint, this is an interesting demonstration of a failure mode of the US social and political system. Of all the hills to die on, "not wearing a safety mask" [0] is one of the more batshit crazy, but in a nation where the people have decided that "schoolchildren being slaughtered in their classrooms" is an acceptable price to pay for free and easy firearms, I guess it's not surprising that "people dying horribly, gasping for breath as their lungs fail" is an acceptable price for not wearing a safety mask. [0] This poster's particular hill isn't the mask, but it is for some, and if I'm doing "batshit crazy", there it is.
- Fjolsvith 6y ago
  > in a nation where the people have decided that "schoolchildren being slaughtered in their classrooms" is an acceptable price to pay There hasn't been a single death in California from Coronavirus for any child, period. In the US, there've been about 20 deaths, nationwide, of children from COVID.
  - EliRivers 6y ago
    Read the whole comment before jumping in. I said the people have decided that schoolchildren being slaughtered in their classrooms is an acceptable price to pay for free and easy firearms.
    - Fjolsvith 6y ago
      > "people dying horribly, gasping for breath as their lungs fail" is an acceptable price Ever heard of big tobacco? I got lots of relatives that died like that after enjoying cigarettes all their life. It is not surprising. But, when you consider that the second amendment is an inalienable right, one has to wonder how to separate children from their guns. "Parents, please don't send your child to school with their gun."
    - ashtonkem 6y ago
      It’s peak HN that you’re getting downvoted for explaining your own comment.
johncearls 6y ago
You are not alone, no matter what the downvotes say.

Zanni 6y ago

I assume you're referring to "Section 4. Can my employer require me to take medical tests in order to keep my job?" But that section explicitly states, "... unless they are related to your job and necessary for the conduct of your employer's business. I think there's a pretty strong case that the health and safety of fellow employees and/or customers during a pandemic qualifies.

chrisco255 6y ago
Yeah, no. There is no clause in the Constitution that says "except in a pandemic". We've had far worse pandemics than Covid-19, from tuberculosis to smallpox to Spanish flu, and no such provision was ever required. So if you want to get an amendment to the Constitution, start collecting signatures.
- ashtonkem 6y ago
  I’m sorry, but you’re just not right. The Supreme Court has repeatedly held that the government has a pretty wide reaching authority when it comes to fighting disease. If the federal government can quarantine entire towns and force vaccines, they can similarly force you to be tested.
  - chrisco255 6y ago
    No, they haven't. There's no such precedent in U.S. history. They can't quarantine towns from the federal level. Not in the least. A state might be able to, because the 10th amendment is a thing, but Federal government cannot. And neither state nor federal government can force vaccines because it violates the 4th amendment. You don't get to search my body for diseases and use them to discriminate against me. Sorry. Furthermore, Roe v. Wade was argued on the basis of a right to privacy that's implicit. So no, I'm right on this.
    - sfblah 6y ago
      https://www.politico.com/news/magazine/2020/05/15/national-quarantine-constitutional-261165 https://www.politico.com/news/magazine/2020/05/15/national-q... I mean, you’re entitled to your opinion, but at least some people disagree. Edit: and, your claim that there is no such precedent is a flat out lie.
    - irrational 6y ago
      No such precedent? George Washington forced vaccinated his entire army from smallpox. There is precedence from the very start of the country. I am so embarrassed on your behalf.
      - bernie_simon 6y ago
        Wikipedia says Jenner first demonstrated the smallpox vaccine in 1796. The revolutionary war ended in 1783.
        irrational 6y ago
        According to a tiny bit of research, it was a crude form of smallpox vaccination, yet still a vaccination.
        ashtonkem 6y ago
        Inoculation, technically.
- bosswipe 6y ago
  The constitution doesn't say you have to wear pants either but it's still required. In any case the workplace link you cited is not in the constitution it's the disability law.
- lps41 6y ago
  Sorry, but you are wrong. This would no more violate the ADA than random drug testing (legal) or requiring temperature checks, which some employers are already doing to protect against COVID-19. Also, the ADA is not a constitutional amendment, so even if there is a potential conflict with ADA, Congress could easily address that in a new bill without needing to pass a new constitutional amendment.

EliRivers 6y ago

From an outside viewpoint, this is an interesting demonstration of a failure mode of the US social and political system. Of all the hills to die on, "not wearing a safety mask" [0] is one of the more batshit crazy, but in a nation where the people have decided that "schoolchildren being slaughtered in their classrooms" is an acceptable price to pay for free and easy firearms, I guess it's not surprising that "people dying horribly, gasping for breath as their lungs fail" is an acceptable price for not wearing a safety mask. [0] This poster's particular hill isn't the mask, but it is for some, and if I'm doing "batshit crazy", there it is.

Fjolsvith 6y ago
> in a nation where the people have decided that "schoolchildren being slaughtered in their classrooms" is an acceptable price to pay There hasn't been a single death in California from Coronavirus for any child, period. In the US, there've been about 20 deaths, nationwide, of children from COVID.
- EliRivers 6y ago
  Read the whole comment before jumping in. I said the people have decided that schoolchildren being slaughtered in their classrooms is an acceptable price to pay for free and easy firearms.
  - Fjolsvith 6y ago
    > "people dying horribly, gasping for breath as their lungs fail" is an acceptable price Ever heard of big tobacco? I got lots of relatives that died like that after enjoying cigarettes all their life. It is not surprising. But, when you consider that the second amendment is an inalienable right, one has to wonder how to separate children from their guns. "Parents, please don't send your child to school with their gun."
  - ashtonkem 6y ago
    It’s peak HN that you’re getting downvoted for explaining your own comment.

johncearls 6y ago

You are not alone, no matter what the downvotes say.