MADISON, Wis. — Wisconsin Manufacturers and Commerce filed a lawsuit Thursday asking for an injunction to stop Gov. Tony Evers from releasing the names of businesses that have had employees test positive for COVID-19.
WMC said it was notified that the Evers administration would send out information on over 1,000 Wisconsin businesses Friday.
The list would include local businesses where at least two employees tested positive, no matter where the workers contracted the virus. Information could also be released for businesses that didn’t have any employees test positive but still contained two or more contact tracing investigations.
“This type of release has the potential to spread false and misleading information that will damage the brands of Wisconsin employers,” WMC President and CEO Kurt Bauer said in a statement. “Not only could this cause significant financial and reputational harm to businesses, it would reduce the effectiveness of contact tracing, reduce the confidence level workers have in their employers and actually increase the likelihood of spreading the virus.”
The lawsuit asks the court to block and prevent Evers from releasing the info, arguing that sharing such records would go against patient-confidentiality laws. The release alleges that doing so would also raise several other privacy and legal concerns.
“Gov. Evers said last month that this is not public information and that keeping it private actually helps public officials better manage outbreaks of COVID-19,” Bauer said. “If the goal is to flatten the curve and reduce the number of COVID-19 cases, why would the governor release such information? WMC and our members call on Gov. Evers to listen to his own guidance and follow the law.”
WMC said it has asked Evers, the state Department of Health Services and other officials to keep the information private since July.
The lawsuit was filed in the Waukesha County Circuit Court, and the brief is available here.
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