Abstract
This Article focuses on the role of employers in public health and argues that they constitute increasingly important actors in the U.S. public health arena. In the aftermath of the COVID-19 pandemic, a series of judicial decisions and newly enacted statutes enfeebled the public health powers of the federal and state governments. In a 2023 statement, Supreme Court Justice Neil Gorsuch clearly articulated his antagonism towards government-initiated COVID-19 interventions, describing them as “the greatest intrusions on civil liberties in the peacetime history of this country.” All too many share his views.
Employers may be highly motivated to safeguard their workers’ health. Without healthy staff members they cannot keep their doors open, and without visible pandemic protections they cannot reassure concerned customers that their premises are safe. During COVID-19, many employers established mask, testing, social distancing, and vaccine rules even in the absence of government mandates. Employers’ profit motives, however, do not diminish their contributions to public health. These contributions can significantly reduce health disparities by protecting vulnerable individuals who otherwise face health care access barriers and economic challenges that exacerbate their risks.
The Article posits that in future public health emergencies, the United States will increasingly rely on those with a financial stake in individuals’ health. Federal and state government authorities should therefore embrace employers as public health partners. To that end, the Article develops recommendations concerning guidance and funding support that should be available to assist employers in their emergency response efforts.
Keywords
public health, public health emergencies, government emergency powers, health insurance, wellness programs, Americans with Disabilities Act, Title VII of Civil Rights Act, reasonable accommodation, health disparities, state police powers, federal taxing and spending powers
Publication Date
2024
Document Type
Article
Publication Information
65 Boston College Law Review 2405 (2024)
Repository Citation
Hoffman, Sharona, "Employers and the Privatization of Public Health" (2024). Faculty Publications. 2247.
https://scholarlycommons.law.case.edu/faculty_publications/2247
