Vanity - Company Requiring Employees to Say if They Have Been Vaccinated or Not

[Blue Turtle]

I have a very good job at a company I've worked for...for over 8 years. The Company is now requiring employees to say if they have been vaccinated or not...preparing us for our return next month and looking out for our safety... because the safety of all their employees is number one priority. If you say you have NOT been vaccinated, you will need to be tested every two weeks, wear a mask at all times, and be seated elsewhere. If you DO NOT RESPOND to the email, they will consider you UNVACCINATED. What the heck do I do at this point? This is utter evil. I can't believe I am living in this time. Any helpful responses would be appreciated.

[Rusty0604]

Isn’t it against HIPPA to have to disclose private medical information? Requiring proof?

[mrmeyer]

All indoor spaces, dining, cafeteria, fitness center, conference rooms are verboten

[cgbg]

Yup—you should never blatantly lie to your employer—way too risky...doubly so in this age of on-line snooping.

The “lie by omission” is when you quietly seek employment elsewhere.

If they catch you doing _that_, particularly if you have been discreet and professional about it, the discovery will raise your stock in their eyes.

[Little Ray]

Lie.
They don’t have access to your medical records.

[CodeToad]

” You can use all this to build up evidence to support a disability claim”

Exactly. Hit them in the wallet.

[RushIsMyTeddyBear]

Dave Ramsey had a caller in the same pickle. Hope this helps.

https://youtu.be/dHSJRzRSDlU

[Political Junkie Too]

If you are a high performer that everyone goes to for help, then let them isolate you. It will hurt them more than if you were left alone.

Sarcastically, if this is a new medical regulation, tell them you have a pre-existing condition.

-PJ

[peggybac]

I’m more curious where you’ll be seated. Could be a positive!

[wally_bert]

I avoid those places at the office anyway, I am in IT.

[taxcontrol]

HIPAA applies to a limited set of institutions. One of those covered are health plans. “Health plans” also include employer-sponsored group health plans, government and church-sponsored health plans, and multi-employer health plans.

I imagine that your company sponsors a group health plan as as such, is probably covered by the HIPAA privacy rule. If so, you can reach out to your company’s legal department and ask them:

1) Does the company sponsor a group health plan and provide your HR / plan benefit paperwork that indicates that it does. Or are they a Business Partner of a health car plan provider. Both conditions are covered by the privacy rule.

2) Ask the question about HIPAA privacy. With the specific intent of determining if these extra measures for non-vaccinated personnel constitute a defacto violation of the privacy rule as it identifies specific individuals with a specific medical condition.

In essence, this is no different than requiring employees to identify if they are receiving HIV prep treatment or have aids. This AIDS treatment of data should be your gold standard when communicating to Legal. Questions should be phrased in the context of why is this any different than disclosing for AIDS or abortions, etc.

Useful web site:
https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html

You have the right to know how this medical data is being used and to who it is being disclosed. The law does permit certain disclosures. But these are limited as to who the information may be disclosed to. It sounds like the proposed solution would disclose the information to everyone in the office (i.e other employees) as well as anyone else who comes into the office. Push back on these disclosures as much as possible. You might even recommend that to prevent disclosure of private medical information and to implement their protective measures, ALL employees should be treated the same and be required to conform to these restrictions.

Where possible, get other employees to start flooding the legal office with these questions. Depending on how hard you want to push back, consider running your questions via a lawyer. This may cause the company to consider firing you but would also tell them that this issue is of enough concern that there is a potential legal push back and possible lawsuits.

Last step would be a cease and desist letter after the company institutes their restrictions. You may also want to consider filing a HIPAA complaint.

Another possibility might be exploring “reasonable accommodations” if you have a history of being treated for allergies. This would be under ADA - Americans with Disabilities Act and would open up a new legal front to fight on.

***However***
It is not my job that is on the line. I am not a lawyer and you should seek legal advice from someone skilled in HIPAA laws.

[Antoninus]

Here's an option to try.

Inform your employer that this new policy goes against diversity and inclusion. Tell them that vaccine rates are lowest among blacks and hispanics because individuals in those groups have a long-time distrust of government medical policies, stemming from things like the Tuskegee Syphilis Study and efforts to sterilize Puerto Ricans in the mid-20th century. Tell them that the policy effectively brands anyone who doesn't comply and forces them into the position as second-class employees--and that it will adversely affect minority employees more than others. Not a good look at all for a forward-looking company.

As always, try to use their own bromides against them.

[Bonemaker]

Prepare to be shunned.

[DoodleBob]

Yes..,The new OSHA standard from June 21, 2021 covers healthcare employers' relaxation of mandates on mask, distancing, and other controls. However..... 1910.502(c)(4)(ii)
In order for an employer to be exempt from providing controls in a well-defined area under paragraph (a)(4) of this section based on employees’ fully vaccinated status, the COVID–19 plan must include policies and procedures to determine employees’ vaccination status.(emphasis added)

This is just one more way of keeping us citizens at each other's throats while - queue War Pigs - Satan laughing, spreads his wings.

[billyboy15]

Maybe you should take the antibody test to see if you did have the virus.

I sure wouldn’t want you to get fired but are they even allowed to ask for proof of an innoculation.

[wally_bert]

I am until one of the incompetent, unable, lazy, lame, stupid, or inept wants something then all is forgiven for a little while.

The reverse never happens though. I might as well drop dead if I need or want something.

I do my best to John Galt my way through the typical day.

[cgbg]

Good to see Dave Ramsey and I are on the same page—smart guy.

;-)

[alternatives?]

“Natural antibodies are safer and more effective that mRNA vaccines.”

You are correct, but they just want you to get the jab.

[RebelTXRose]

625 more days.

Praying we are OK til then.

[precisionshootist]

“Tell them you’re vaccinated.“

How would they verify the answer either way?

[BiglyCommentary]

Tell them you are vaccinated. If they require proof, get proof. WINK-> Think WWII resistance. Be bold and courageous.