- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
How is this not a violation of EEOC/ADA laws about revealing personal medical information?
Posted on 7/6/21 at 1:12 pm
Posted on 7/6/21 at 1:12 pm
My employer's HR sent this out:
How is that legal, when you consider that the EEOC has issued the following: EEOC LINK
And per this online EEOC website: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws updated on June 28th, 2021:
quote:
Mask & Face Covering Guidelines - Effective June 28, 2021 and in accordance with CDC Guidance, masks and face coverings are now no longer required in our USA locations for fully vaccinated employees provided that state and local regulations permit such conditions. Fully vaccinated means that you have received the full cycle of vaccine doses based on your vaccine type and that a minimum of 14 days have passed since your last vaccination. While *The Company* is not requiring employees to be fully vaccinated in order to return to the office, only those who are fully vaccinated can exercise the option to not wear masks at this time. *The Company* is also not requiring employees to disclose their vaccination status. Given that vaccination choices, willingness to disclose vaccination status and desire to continue wearing a mask or socially distance even if fully vaccinated are personal decisions, employees are reminded to be respectful of their colleagues’ privacy and choices. However, in order to avoid wearing a mask, employees must voluntarily provide proof of their fully vaccinated status to Human Resources by presenting an authorized COVID-19 vaccination card.
Those employees who present such documentation will be provided a sticker that can be affixed to their ID and displayed to signify their vaccination status. Information regarding sticker distribution is location specific and is being distributed via separate email.
Any employee who does not have such a sticker affixed to their ID Badge must continue to wear a mask or face covering until further notice. Additionally, at any company location where state and local mask restrictions continue to be in effect, all employees must continue to wear a mask in accordance with current policy until further notice. Employees will be notified of any local guidelines and conditions that differ from this general policy. All contractors / visitors are subject to the same protocol.
Of course, anyone may continue to wear a mask or face covering at any time at their own discretion.
Social Distancing - Employees who have confirmed their vaccination status and received the sticker to affix to their ID will not be required to maintain 6 feet of social distance from other employees with the same status. For example, it will be permissible for more than 2 employees with vaccination stickers to ride the elevator together. It will also be permissible for 2 employees with vaccination stickers to sit at the same table in the cafeteria. Employees who do not have a vaccination sticker must still maintain 6 feet of social distance at all times.
How is that legal, when you consider that the EEOC has issued the following: EEOC LINK
quote:
Quote:
“Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.”
And per this online EEOC website: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws updated on June 28th, 2021:
quote:
Quote:
“K.4. Is information about an employee’s COVID-19 vaccination confidential medical information under the ADA? (5/28/21)
Yes. The ADA requires an employer to maintain the confidentiality of employee medical information, such as documentation or other confirmation of COVID-19 vaccination. This ADA confidentiality requirement applies regardless of where the employee gets the vaccination. Although the EEO laws themselves do not prevent employers from requiring employees to bring in documentation or other confirmation of vaccination, this information, like all medical information, must be kept confidential and stored separately from the employee’s personnel files under the ADA.”
Posted on 7/6/21 at 1:13 pm to HubbaBubba
It's not legal.
None of this covid gestapo shite is.
None of this covid gestapo shite is.
Posted on 7/6/21 at 1:13 pm to HubbaBubba
quote:
Those employees who present such documentation will be provided a sticker that can be affixed to their ID and displayed to signify their vaccination status.
Hospitals have been doing this with the seasonal flu for years. FWIW.
Posted on 7/6/21 at 1:14 pm to HubbaBubba
Take the train, my fellow Comrade.
Disturbing. Email them back and explain to them that these are clear violations of what should be private medical cases.
Disturbing. Email them back and explain to them that these are clear violations of what should be private medical cases.
Posted on 7/6/21 at 1:17 pm to HubbaBubba
I think there are limitations to this. Think random drug test results as an example. You don't have to disclose your medical information, but they can fire you for not doing so.
I think it'll take a lawsuit to flesh this out. HIV was similarly challenged and the courts found that the employees non-disclosure rights were protected under the ADA.
I think it'll take a lawsuit to flesh this out. HIV was similarly challenged and the courts found that the employees non-disclosure rights were protected under the ADA.
Posted on 7/6/21 at 1:20 pm to HubbaBubba
quote:
that can be affixed to their ID
Because it is the employee’s choice whether to put the sticker on their ID or not.
Posted on 7/6/21 at 1:23 pm to Vacherie Saint
quote:
You don't have to disclose your medical information, but they can fire you for not doing so.
Not quite the same. There's a difference between disclosing information for a specific purpose and broadcasting it to everyone.
The latter is what the problem is.
Posted on 7/6/21 at 1:24 pm to boosiebadazz
quote:
Because it is the employee’s choice whether to put the sticker on their ID or not.
Is it though?
That's like telling a field grade officer, "you don't have to attend this formal event and pay $55/person" and then punishing them for not attending.
Posted on 7/6/21 at 1:25 pm to CGSC Lobotomy
Yes. I would agree with that.
Posted on 7/6/21 at 1:26 pm to HubbaBubba
quote:
How is that legal
quote:
voluntarily
Because you are not required to do it. You can choose not to disclose your vaccinated status.
It's completely legal.
Also, your company sounds like it sucks.
Posted on 7/6/21 at 1:26 pm to CGSC Lobotomy
Or they continue to wear their masks as they have been doing and has been ruled legal in the workplace since this all started.
The employer is not disclosing vaccination status unless the employee chooses to do so.
The employer is not disclosing vaccination status unless the employee chooses to do so.
Posted on 7/6/21 at 1:26 pm to MikeBRLA
quote:
quote:
Those employees who present such documentation will be provided a sticker that can be affixed to their ID and displayed to signify their vaccination status.
Hospitals have been doing this with the seasonal flu for years. FWIW.
I get a little tag for my ID when I get my flu shot.
Posted on 7/6/21 at 1:27 pm to boosiebadazz
quote:
Because it is the employee’s choice whether to put the sticker on their ID or not.
Posted on 7/6/21 at 1:28 pm to boosiebadazz
quote:No, it's not. They are hiding behind this "volunteering" crap. It's requiring a show of private medical information in order to obtain a privileged status that confers a specific set of benefits to those who do display their private information. This benefits are:
Because it is the employee’s choice whether to put the sticker on their ID or not.
No social distancing requirement.
No mask wearing requirement.
That is coercion.
Posted on 7/6/21 at 1:28 pm to Vacherie Saint
All fine and dandy, but OP asked about the legalities of it not whether it was sound or fair policy.
Posted on 7/6/21 at 1:29 pm to HubbaBubba
quote:
No, it's not. They are hiding behind this "volunteering" crap. It's requiring a show of private medical information in order to obtain a privileged status that confers a specific set of benefits to those who do display their private information. This benefits are:
No social distancing requirement.
No mask wearing requirement.
That is coercion.
still doesn’t make it illegal
Posted on 7/6/21 at 1:30 pm to HubbaBubba
My company is the same way except they don’t make you wear a sticker.
I’m not vaccinated and I don’t wear a mask at work. Don’t ask don’t tell works for the military for LGBQT so it should work in civilian life.
I’m not vaccinated and I don’t wear a mask at work. Don’t ask don’t tell works for the military for LGBQT so it should work in civilian life.
Posted on 7/6/21 at 1:32 pm to Vacherie Saint
quote:
Vacherie
That scene was the first thing that popped in my head as well.
Posted on 7/6/21 at 1:32 pm to HubbaBubba
quote:
this information, like all medical information, must be kept confidential and stored separately from the employee’s personnel files under the ADA.”
And this part doesn't prohibit them from having the information. It only prevents them from maintaining it in the file that would be available to your supervisor for a review, etc. (Nothing prejudicial at all...anything involving health, wage garnishments because you're a deadbeat dad, and things like that.)
Corporate HR will often maintain multiple files on employees, some of which have private information that can be collected, but not shared.
This post was edited on 7/6/21 at 1:35 pm
Posted on 7/6/21 at 1:35 pm to Evolved Simian
quote:I have no issue with that. I have an issue with showing them that I qualify for no social distancing, and no mask, but they then require that I share my medical information with others to have those benefits. It creates different benefits for different classes of employees.
And this part doesn't prohibit them from having the information. It only prevents them from maintaining it in the file that would be available to your supervisor for a review, etc. Corporate HR will often maintain multiple files on employees, some of which have private information that can be collected, but not shared.
Popular
Back to top
Follow TigerDroppings for LSU Football News