normative
Employers owe negligence standard, not strict liability
Employers should bear a negligence requirement to use the best available tests, but not strict liability for any erroneous test result, because strict liability would discourage testing; a pandemic testing board's guidance would, under common-law deference, likely shape how most courts treat such liability though not uniformly.
normativepending
Speaker
Glen WeylEvidence Quote
“the pandemic testing board should have some authority to set guidance about that, and my guess is, under standard common-law approaches, that there would be a fair bit of deference to that by most reasonable courts.”
Created: 6/13/2026, 3:24:00 AM
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