Health tests breach law, HANMI says
The Hotel Association of Northern Mariana Islands has asked House Speaker Diego T. Benavente to review the existing regulation requiring non-resident workers to undergo health screening because it runs counter with the federal law on equal employment.
HANMI sought the legislature’s help after the United States Equal Employment Opportunity Commission ruled infavor of the two employees who challenged the CNMI’s requirement that all non-resident workers be tested for HIV.
Earlier, HANMI had raised objections on the health screening proposed by the Department of Public Health which include sexually transmitted diseases. With the intervention of former Gov. Froilan C. Tenorio, the draft regulation was revised several times but eventually became a law even before HANMI could approve its final version.
In the Coronejo case against Dai-Ichi Hotel, the employee questioned the HIV test requirement which he said was not related to his job as a gardener and the manner in which the results were announced since the health certificates were publicly posted.
According to the employee, the HIV test violated the Americans with Disabilities Act (ADA). In its decision, the EEOC ruled that Dai-Ichi and the CNMI violated the ADA prohibiting the employer from inquiring on the employees disability-related injuries unless it is job-related.
Since the employee is a gardener, the EEOC argued that being HIV positive would be irrelevant to the worker’s job. At the same time, the EEOC argued that ADA requires all information relating to an employee’s health be kept confidential, thus posting health certificates is a violation of the federal law.
In another case, Saipan Grand Hotel was sued by another employee for non- renewal of contract when the worker filed a complaint with the EEOC in connection with the HIV test requirement. The employee argued that he was being punished by the hotel for filing a case against the establishment.
To preserve the status quo, the EEOC sought a restraining order which the District Court granted. Although this does not mean that the District Court had accepted the EEOC’s argument that the CNMI mandatory HIV testing violated the ADA, but that it needed more time to investigate the matter.
Aside from the existing health screening requirement, the health department has promulgated a new regulation for food handlers which is necessary to ensure the health of the community. HANMI said this would create another burden to the association and the business community which is already suffering amid the downtrend in tourism economy.
Amid the conflict on federal law, HANMI asked the House Speaker to look into these regulations and remedy the situation as soon as possible.
