teddyw
Drama Llama
Posts: 7,159 
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Post by teddyw on Aug 16, 2021 12:26:00 GMT
It’s related to HIPAA and the ADA. Inquiring could make someone feel forced into revealing a previously unknown disability. HIPAA does not apply here. HIPAA only applies when seeking medical services/care from a hospital or covered “entity” and limits who/where those entities can share your medical information to for care/services or billing. It does not ever apply to your employer (any business, nosy person or whatever) when asking about vaccine status. Or why someone is/isn’t vaccinated. ADA does specify that an employer (or business) cannot ask about your specific DISABILITY. Nothing in ADA protects vaccine choices or inquiries. Short version- people, businesses, employers, etc can ask about vaccine status, a d to this point, they can exclude on that answer. Legally, you are under no obligation to answer. You are subject to what ever consequences that may bring. I understood it as the employer can ask do you have it but not why aren’t you getting it. That was how it was explained to me. I know people are generally curious as to what reasons prevent a person from getting the vaccine. Sometimes I have to go to a medical law office for work but not this month. They’re always happy to discuss issues/laws. |
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Deleted
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Nov 23, 2024 16:19:27 GMT
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Post by Deleted on Aug 16, 2021 12:58:03 GMT
CardBoxerthanks so much for the link to that article , it was in depth and very interesting and helped shed more light on things. It looks like the public health message needs to change and sadly it looks like there are couple of rocky years to go.
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Post by CardBoxer on Aug 16, 2021 13:17:30 GMT
CardBoxer thanks so much for the link to that article , it was in depth and very interesting and helped shed more light on things. It looks like the public health message needs to change and sadly it looks like there are couple of rocky years to go. It’s sad and depressing but like you I’d rather learn and have a somewhat clearer picture of what we’re up against. It’s hard for me not to go to “but it didn’t have to be like this.” If a health crisis wasn’t politicized, if everyone got vaccinated, etc. But all those ifs aren’t worth squat. Sometimes it’s the small things that get me. I’m visiting to a cat cafe today to meet a possible cat roommate/sister for our cat and read that only unvaccinated people had to wear masks. I think that would have been fine with previous variants, but with delta? No. I thought about canceling, given my wonky respiratory system. But Willow needs a home and I’ll cram my mask on tightly and try not to breathe. Ha. How’s bout a tiny fan to attach to a shoulder so everything blows away. |
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Post by coaliesquirrel on Aug 16, 2021 14:06:36 GMT
It’s related to HIPAA and the ADA. Inquiring could make someone feel forced into revealing a previously unknown disability. HIPAA does not apply here. HIPAA only applies when seeking medical services/care from a hospital or covered “entity” and limits who/where those entities can share your medical information to for care/services or billing. It does not ever apply to your employer (any business, nosy person or whatever) when asking about vaccine status. Or why someone is/isn’t vaccinated. ADA does specify that an employer (or business) cannot ask about your specific DISABILITY. Nothing in ADA protects vaccine choices or inquiries. Short version- people, businesses, employers, etc can ask about vaccine status, a d to this point, they can exclude on that answer. Legally, you are under no obligation to answer. You are subject to what ever consequences that may bring. You're correct that HIPAA does not apply to this situation. (Side note to others: HIPAA does not ever prohibit anyone from ASKING anything - it only potentially prohibits an answer being given. Also, it never prohibits you from telling someone your own health info - only what a covered person can say to others about third parties). You're also correct that ADA does not preclude an inquiry into *whether* you are vaccinated. However, employers are being cautioned not to ask *why not* or at least to do so carefully rather than casually, because that question may lead to information either prohibited to be asked or required to be treated with additional care/confidentiality under the ADA, GINA, and other state and local laws. So, it's a little too broad to say nothing under the ADA protects vaccine choices or inquiries. The better practice would be to simply ask whether an employee is vaccinated, and if the answer is no, notify them of the consequences of that status. Only if a request for accommodation is made does the employer have to address it, so as an employer, you're better off to just as "are you or aren't you" and leave it there. |
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Deleted
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Nov 23, 2024 16:19:27 GMT
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Post by Deleted on Aug 16, 2021 15:40:52 GMT
CardBoxer I know how you feel , I wish things were different. It gets to me too. We still mask up as well and take every precaution going and sometimes it feels so surreal to see other people out and about looking so confident and relaxed without extra protection. There still seems to be a false sense of security connected with the vaccine, that alone it is enough, but it actually isn’t and extra layers of protection are still needed. I think if things were more open and honest, no matter how scary the truth, then at the very least people would be in a position to make informed choices on how to best protect themselves and vulnerable loved ones. Hope everything goes well at the cat cafe today.
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Post by chances on Aug 16, 2021 15:52:37 GMT
I’m so thankful my entire office got the vaccine. We didn’t have any holdouts. I know my friend’s employer has two employees who will not get the vaccine. He is not choosing to fire them over it at this time. But he is requiring that they wear a mask at all times and get a weekly Covid test, on Sundays before being allowed to work the week, on their dime. Love the idea of requiring a negative Covid test. This is what my employer requires, weekly negative tests to continue working. |
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Post by papercrafteradvocate on Aug 16, 2021 19:32:04 GMT
The boss is not discussing any employees medical history with me. In fact I don’t believe boss has even asked anything of the employees medical history. We do not have an HR dept. I’m often rapped tor consult/advice because if my experience and qualification/knowledge. I’ll write a draft, then it will go to a lawyer. So how do you know that this individual (not just a nameless colleague) is unvaccinated? Or that they are unvaccinated by choice? That is sharing another person's medical history with you. The employee stated that she wasn’t when we went to masking up again. Boss started the conversation that “even though we’re all vaccinated we are going back to masking up…” And she stated that she was not vaccinated, nor was she going to get it. Another employee voiced their concerns about working with non-vaccinated people. And from what I understand it’s permissible to ask about vaccination status. |
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Post by papercrafteradvocate on Aug 16, 2021 19:32:26 GMT
The boss is not discussing any employees medical history with me. In fact I don’t believe boss has even asked anything of the employees medical history. We do not have an HR dept. I’m often rapped tor consult/advice because if my experience and qualification/knowledge. I’ll write a draft, then it will go to a lawyer. Here are a couple of excellent COVID-19 resource centers from firms (neither of which I'm associated with, but both of which have provided umpteen COVID-19 related training sessions I've "attended" over the last year and a half) specializing in employment law, in case that's helpful to you in your drafting and/or helps minimize the expense of your local legal review: Husch Blackwell and McDermottThank you very much!!! |
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Post by papercrafteradvocate on Aug 16, 2021 20:01:51 GMT
I'm not an American so nothing useful to add really but this topic interests me. Can someone tell me if her claiming unemployment benefits is a cost to the company in any way? I see some people commenting about how decisions could be made to ensure she doesn't receive unemployment so I am wondering if it's a cost to the company if she does? Or is it just for the sake of sticking it to her? If it's no cost to the company, I'd be inclined not to try and checkmate her on that. It's only going to escalate the resentment on both sides. Even if she does get it, it's not something that's going to sustain her long term and eventually she will need to deal with her antivax stance if she wants a decent job. Best to just get an employment lawyer to sort it out...which will only help you for future hirings anyway. In my state, employers are the ones paying into the unemployment fund that is controlled by the state. State invests it to earn interest/dividends, etc. employers pay a % based on payroll hours. Employee files a claim, and if awarded, they are paid by the state from the funds. So it’s not like employers are physically writing the checks to an employee who left. |
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Post by papercrafteradvocate on Aug 16, 2021 20:02:48 GMT
Love the idea of requiring a negative Covid test. This is what my employer requires, weekly negative tests to continue working. Thank you!!! |
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Post by CardBoxer on Aug 16, 2021 20:08:00 GMT
CardBoxer I know how you feel , I wish things were different. It gets to me too. We still mask up as well and take every precaution going and sometimes it feels so surreal to see other people out and about looking so confident and relaxed without extra protection. There still seems to be a false sense of security connected with the vaccine, that alone it is enough, but it actually isn’t and extra layers of protection are still needed. I think if things were more open and honest, no matter how scary the truth, then at the very least people would be in a position to make informed choices on how to best protect themselves and vulnerable loved ones. Hope everything goes well at the cat cafe today. Maybe part of not fully broadcasting loudly and clearly all the info about vaccines and delta is the fear that people will misunderstand and not get vaccinated. But better sick (some breakthrough cases) than ventilated or dead. And thank you, it went very well - soon we will bring little Willow home! |
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Deleted
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Nov 23, 2024 16:19:27 GMT
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Post by Deleted on Aug 16, 2021 20:57:33 GMT
CardBoxerthat makes sense, glad to hear about Willow !
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Post by kraft4fun on Aug 17, 2021 3:07:41 GMT
I don't think you can collect unemployment if you have been fired. Maybe this doesn't apply to all states but in Michigan it used to be if you were fired it was your decision so no unemployment. Florida you can collect if fired, but not if you quit. Quit was your choice, fired was theirs. This B needs to have her hours cut so much that it isn't worth it for her to show up so she quits. UGH. |
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Post by hookturnian on Aug 17, 2021 3:54:10 GMT
So how do you know that this individual (not just a nameless colleague) is unvaccinated? Or that they are unvaccinated by choice? That is sharing another person's medical history with you. The employee stated that she wasn’t when we went to masking up again. Boss started the conversation that “even though we’re all vaccinated we are going back to masking up…” And she stated that she was not vaccinated, nor was she going to get it. Another employee voiced their concerns about working with non-vaccinated people. And from what I understand it’s permissible to ask about vaccination status. According to your previous post, this conversation happened over text. And the boss shared that info with you. And now apparently lots of people know. There's a difference between an employer or business asking about vaccination status, and an employer or business sharing the answer with all and sundry. |
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