Sunday, May 17, 2020

McConnell’s Rush to Protect Businesses Endangers Everyone Else

https://www.nytimes.com/2020/05/15/opinion/coronavirus-liability-business-safety.html?action=click&module=Opinion&pgtype=Homepage



As Congress gears up for the next installment of its stimulus package, Mr. McConnell has drawn a line: No more money for anyone until businesses get immunity from liability during the pandemic. The demands being debated include making it harder to claim that a business is at fault for a worker’s or customer’s infection, protecting businesses that are making personal protective equipment like masks for the first time, and protecting employers against privacy lawsuits if they disclose a worker’s infection.

The problem is that immunity doesn’t just shield the worst actors; it also punishes the best, by giving a competitive advantage to the businesses that decide to cut corners at the expense of worker and customer health and safety.
Consider what happened in Utah, which passed a bill immunizing businesses from pandemic-related litigation in most cases and issued only advisory guidelines. The next day, the Utah Press Herald reported that two businesses had told their employees to disregard the guidelines, and even ordered those who had tested positive for the coronavirus to report to work. At one of the businesses, nearly half of all employees tested positive.

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