HR Overreach?

[Sccritterkiller]

My company asked us to fill out an "attestation form" or some shit like that...you had to check a box to waive your HIPPA rights like buying shoes off Amazon...smh. If you refuse to disclose your status your treated like the un vaxed. Daily form to fill out, weekly covid test and you have to wear a mask...Waiting on the your health insurance is going to go up email.

 

[go_deep]

Do you work for a state agency? Or live in california? There is no such laws… ask for the law they are referencing to

I'm in Wyoming of all Damn places!

 

[cmahoney]

Does the survey specifically say COVID vaccine?


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[go_deep]

Does the survey specifically say COVID vaccine?


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Yep, Have you received a Covid-19 Vaccine, Yes, or No, and then you have to select your work area.

 

[TFrank]

It's not HIPAA, unless they ask your doctor and he tells them. Then he is in violation. We were recently surveyed in anticipation of mandatory vax by the state. If you refuse, you have to be tested weekly so the company is trying yo determine how many tests they will need.

Yes this is what I thought. Correct me if I am wrong but HIPPA only applies to healthcare providers/doctors. Your doctor is accountable to HIPPA under normal circumstances.
Seems like sometimes even healthcare professionals get confused by HIPPA.

 

[Rob5589]

Yes this is what I thought. Correct me if I am wrong but HIPPA only applies to healthcare providers/doctors. Your doctor is accountable to HIPPA under normal circumstances.
Seems like sometimes even healthcare professionals get confused by HIPPA.

HIPAA, gets thrown around a lot, erroneously most of the time.

 

[Squincher]

I've decided to implement a policy of only divulging personal medical information if the requestor first provides their cup or willy size and their annual income. Even then I reserve the right to lie.

 

[def90]

Hippa is a government thing.. private companies can ask for and do what they want as long as it doesn't violate the American Disabilities Act.

 

[mwebs]

HR guy here, not an order taker because I don’t work for a large corporation so I make the policies. This thing is getting out of control, and no it’s not HIPAA protected. If they ask you why your not vaxxed it would get into ADA and other territories. This is what many employers are doing prior to a mandatory vaccine policy so they can use it as justification. I’m not vaxxed but I see a future where I have to right a mandatory policy because of a law, lawsuit or OSHA regulation. Bottom line though your in WY like me, right to work state and private employer so yea that can force you to take a survey and the vaccine.

 

[bozeman]

Honest response- don’t like it, change companies. Amazing how many people want personal privacy, throws aside personal integrity and try to find loopholes when something isn’t going their way. I work for a global fortune 200 company and don’t care for either side of the nonsense, but I’m not going to lie……

want to encourage you to be straight up, voice your concerns and see how it shakes out, but stay honest man! Stay honest……..

 

[Vandy321]

Place that email in the circular file...Repeat as necessary.

 

[540-Virginian]

Alright, did some digging and provided a lot of info below if anyone wants to divulge. But ie, YES your employer can require you disclose your vaccination status (be it a survey or email, whatever). And if you’re not vaccinated, they CAN require you to wear a mask and submit to testing weekly.

However, they CANNOT ask you why you're not vaccinated.

***THIS IS MY DISCLAIMER not to take my post on an internet forum as legal advice ***

Employers cannot ask you why you are not vaccinated because it could violate the Americans with Disabilities Act (ADA). Per an attorney: “While asking about the vaccination itself will usually be permissible, follow-up questions that may reveal a disability can be asked only if they are job-related and consistent with business necessity.”

I don’t know how a company could argue they need to know why you don’t have a vaccine. Most know this and why they’ll ask for you to provide medical or religious exemption.

Also, per the same attorney: “If an employer keeps a record of vaccinations, the proof should be treated as a confidential medical record and retained accordingly.” This would be something you could press your HR cunts about; ask them how they’ll store this information and if they’ll adhere to local and federal laws surrounding storing of personal medical information (it’ll drive them crazy having to explain their process!).

Now, for anyone who wants to claim a religious exemption or medical exemption, I found this site does a good job summarizing what that means and what you should consider if you plan to do so: https://www.acslaw.org/expertforum/employers-and-covid-vaccines-whats-legal-and-whats-not/

In my experience, religious exemptions are very easy to claim because you don’t have to prove anything. Employers can’t ask for a pastor note or anything like that. A sincere geniune letter is all that is needed. For example: https://healthfreedomidaho.org/sample-letter-for-religious-vaccine-exemption/

If you are claiming medical exemption, you must have a doctor provide a note (and again, they only have note that you are not able to receive the vaccine; they do not have to say why).

Some additional sources if anyone wishes to deep dive:

EEOC General Info: https://www.eeoc.gov/coronavirus
CDC Statements on Mandating Vaccines and Proof: https://www.cdc.gov/coronavirus/201...vaccination-program.html#anchor_1615585395585)

For the record, if you're not vaccinated, I think you're a pussy (people with legit medical exceptions excluded). BUT, I agree none of this shit should be mandated and why I shared the above. I'm free to call you a pussy, and you're free to say 'f*ck you and the vaccine.' That's the beauty of freedom. But we can all be united regardless of vaccination status and say "F*ck these GD mandates!"

 

[540-Virginian]

Yes this is what I thought. Correct me if I am wrong but HIPPA only applies to healthcare providers/doctors. Your doctor is accountable to HIPPA under normal circumstances.
Seems like sometimes even healthcare professionals get confused by HIPPA.

HIPAA applies to medical information. It cannot be shared/disclosed without your consent, and it must be properly stored etc. Asking for vaccination status does not fall under HIPAA protection in this case. As I understand it, it is because you are being asked if you need an accommodation essentially ((wearing a mask, getting tested), but not why you need one.

 

[Trr15]

I would be less surprised if they presented the survey as optional. That would seem to indicate that they’re fact finding and looking for enough information to make an informed decision. The fact that they’re threatening consequences if you refuse means they’ve weighed the risks and they’re likely preparing for a significant policy change.

 

[GSPHUNTER]

You have to fill it out. Just lie out your ass. Why be different,

 

[go_deep]

So the funny thing here is there's actually a couple of the people that are strongly against filling out this survey that are vaccined, so it's just not people that are unvaccined that don't want to just hand out their personal information.

I've asked our HR department a couple specific question, guess we'll see if they have a straight answer for any of them come Monday.

 

[mwebs]

So the funny thing here is there's actually a couple of the people that are strongly against filling out this survey that are vaccined, so it's just not people that are unvaccined that don't want to just hand out their personal information.

I've asked our HR department a couple specific question, guess we'll see if they have a straight answer for any of them come Monday.

You do know that the HR department has your social, birth date, dependents personal information and depending on your medical plan set up they see when and what you get done at the doctors office. Your ok with that but not a survey regarding vaccine status.. Now I am just as opposed to vaccine surveys and mandates as anyone, but I am just saying… If your that concerned with it you need to work for yourself.

 

[P Carter]

They also need this info to do contact tracing for workplace exposures, to see who else needs to be quarantined or tested per existing cdc guidance, which differs for vaccinated versus unvaccinated people.

This is required, or at least highly recommended through osha.

I see no problem with it, our company has asked and it has become essential for this purpose.