Makulilo, Alex
(0020)
‘You Must Take Medical Test’
Do Employers Intrude into Prospective Employees’ Privacy?
SCHWERPUNKT.
Abstract
This article examines the long established practice by employers in Tanzania to compel
prospective employees to undergo medical examination before accepting an offer of
employment or before such offer of employment becomes operative. The article uses the
case study approach of a public and private institution: the Open University of Tanzania and
Akiba Commercial Bank respectively. After analyzing the law in the context of the selected
cases, I argue that the employers’ practice of compelling prospective employees to undergo
medical testing is arbitrary, unproportional and contravenes the well known principles of
data protection as well as the constitutional right to privacy.
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