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re: Employer distributed a list of unvaccinated, how would you respond?

Posted on 5/2/22 at 11:29 am to
Posted by DabosDynasty
Member since Apr 2017
5179 posts
Posted on 5/2/22 at 11:29 am to
quote:

If your name was on a list of unvaccinated (Covid) employees distributed within your company, how would you respond? This is a large multi-national.

Any laws broken? Is this a HIPAA issue?

TIA


This sort of reporting was part of a suspension of HIPAA related to covid.

Work in healthcare and I am on a list that I know has been sent out numerous times in the last year because I get them because of the position I’m in. It’s dumb, wrong, and pointless in terms of health but nothing I can do but continue to point it out and disagree to the line of employment.
Posted by Klark Kent
Houston via BR
Member since Jan 2008
67051 posts
Posted on 5/2/22 at 11:30 am to
like you would know the fricking difference SS
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 5/2/22 at 11:35 am to
quote:

how would you respond?


I’d find a flight of stairs I could fall down or a wet spot on the floor I could slip on. Sue the living shite out of them. Or I’d start documenting every single safety violation I could find. Report it to whatever agency enforces that type of shite.

They want to be woke. Let’s be woke.
Posted by MintBerry Crunch
Member since Nov 2010
4864 posts
Posted on 5/2/22 at 11:36 am to
I’d file an invasion of privacy tort suit.
Posted by TheRouxGuru
Member since Nov 2019
8593 posts
Posted on 5/2/22 at 11:36 am to
quote:

Is this a HIPAA issue?


quote:

SuperSaint

quote:




Reusing needles is a HIPPA issue, FYI
Posted by 3deadtrolls
lafayette
Member since Jan 2014
5751 posts
Posted on 5/2/22 at 11:37 am to
My company never asked about vaccination status and made it clear from the beginning that they did not care if we got it or not. They had fully planned on not complying with Brandon's order before it got knocked down.
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 5/2/22 at 11:50 am to
quote:

If your name was on a list of unvaccinated (Covid) employees distributed within your company, how would you respond? This is a large multi-national.



instant multi-million dollar lawsuit for releasing my personal private medical information without cause or justification.

will they also release a list of all the hoes at the office with STDs or had abortions?
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32817 posts
Posted on 5/2/22 at 12:06 pm to
quote:

Is this a HIPAA issue?


Is the fact that you haven't been vaccinated protected health information? I don't think it is.

Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32817 posts
Posted on 5/2/22 at 12:12 pm to
quote:

Maybe, HIPAA requires anyone that has access to your health info, such has health care providers, insures etc, must keep that information confidential.

The maybe comes in because HIPAA privacy rules prohibit the release of protected health information.
If your company considers vaccination status protected health info, there may something there. But I'm sure they ran it through legal first.


quote:

Most of the information contained in an employer’s personnel files and records is not PHI. The regulations state that “Protected health information excludes individually identifiable health information … in employment records held by a covered entity in its role as an employer.” Thus even the information held in employment records by health care institutions is generally not governed by HIPAA.


There may be other privacy laws that cover that information though.
Posted by WhereisAtlanta
Member since Jun 2016
847 posts
Posted on 5/2/22 at 12:13 pm to
quote:

If your name was on a list of unvaccinated (Covid) employees distributed within your company, how would you respond? This is a large multi-national.

Any laws broken? Is this a HIPAA issue?




Why should I care if my decision is made public, I am not scared of my choices nor am I a coward, right or wrong I made a decision and will suffer any consequences.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51877 posts
Posted on 5/2/22 at 12:15 pm to
quote:

If your name was on a list of unvaccinated (Covid) employees distributed within your company, how would you respond? This is a large multi-national.

Any laws broken? Is this a HIPAA issue?


If they got the information from your healthcare provider, possibly (leaning to yes). If you volunteered the information to your employer, no.

What you may have a grievance for though is workplace harassment or bullying, especially if you can prove that the release of the information was maliciously done (ie: with intent to harass you and the other non-vaxxed).
Posted by eatpie
Kentucky
Member since Aug 2018
1151 posts
Posted on 5/2/22 at 12:19 pm to
There is a unintended silver lining to this cloud. Now you have a list of like-minded co-workers who can think for themselves and not just be sheeps following the crowd.

Consider printing out the list and posting a copy in every break room with the title "Intel Club" or something cool. Maybe plan a lunch or in-office party with only those on the list invited.
Posted by OU812ME2
Earth
Member since Jun 2021
832 posts
Posted on 5/2/22 at 1:48 pm to
quote:

Maybe, HIPAA requires anyone that has access to your health info, such has health care providers, insures etc, must keep that information confidential.


What if said company handles their own insurance and can see or approve the treatments or payments the the medical professionals? I've seen many larger companies run their own insurance and the HR employee know everything that is going on with everyone due to having to approve payment.

I'd probably still be seeing a lawyer for a fishing expedition.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
119633 posts
Posted on 5/2/22 at 1:49 pm to
That would be illegal
Posted by CajunAlum Tiger Fan
The Great State of Louisiana
Member since Jan 2008
7881 posts
Posted on 5/2/22 at 1:49 pm to
Thanks for the legit responses.

Illegal or not, it certainly crosses a line.

Oh and to the dirt bag criminal SS, go frick yourself.

Posted by td1
Baton Rouge
Member since Oct 2015
2842 posts
Posted on 5/2/22 at 1:53 pm to
I would remind HR of the following:

Generally speaking, there are four circumstances where it may be permissible for an employer to share your private medical information. Note, however, that these are exceptions to the rule, not rules in and of themselves. The exceptions are:

Disclosure to managers and supervisors when the medical information is necessary to provide reasonable accommodations for the employee (mostly applies to the ADA)
Disclosure to safety personnel and first aid providers if the employee would need emergency medical treatment
Disclosure to authorized personnel in the course of a federal or state workplace investigation
Disclosure to authorized personnel in the course of an insurance or worker’s compensation claim


Medical info should always be treated as need to know information. I don’t think a company wide distribution of a list of who has and has not received the vax could be classified as something everyone needs to know.
This post was edited on 5/2/22 at 1:58 pm
Posted by moneyg
Member since Jun 2006
56806 posts
Posted on 5/2/22 at 2:08 pm to
quote:

If it’s a large multi national company I’d think they have done the research on applicable laws

Still sucks


They are also more likely to settle a lawsuit.
Posted by novabill
Crossville, TN
Member since Sep 2005
10471 posts
Posted on 5/2/22 at 2:11 pm to
I would own it proudly.
Posted by cyarrr
Prairieville
Member since Jun 2017
3380 posts
Posted on 5/2/22 at 2:45 pm to
quote:

The Equal Employment Opportunity Commission (EEOC) has made it clear that vaccination status is confidential medical information under the Americans with Disabilities Act. Additional state laws may also afford protections against disclosing vaccination status.


Yes, under ADA it is, but not HIPAA.
This post was edited on 5/2/22 at 2:49 pm
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
5364 posts
Posted on 5/2/22 at 2:47 pm to
Reply to all and ask who wants to join the class action.
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