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re: How is this not a violation of EEOC/ADA laws about revealing personal medical information?

Posted on 7/6/21 at 1:36 pm to
Posted by boosiebadazz
Member since Feb 2008
80286 posts
Posted on 7/6/21 at 1:36 pm to
quote:

It creates different benefits for different classes of employees.


Also not illegal.
Posted by idlewatcher
County Jail
Member since Jan 2012
79241 posts
Posted on 7/6/21 at 1:37 pm to
quote:

*The Company* is also not requiring employees to disclose their vaccination status.


vs

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


Wut?
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45786 posts
Posted on 7/6/21 at 1:40 pm to
quote:

idlewatcher
Thanks. A little incongruence, I'd say.
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 7/6/21 at 1:41 pm to
quote:

*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.


Wouldn't an employee continuing to wear a mask be a good indicator of someone who has NOT gotten the vaccine under this policy, and therefore an inadvertent means of mandating that employees let other know they are unvaccinated?
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
20557 posts
Posted on 7/6/21 at 1:41 pm to
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.


I agree that it sucks, but I don't think it crosses any legal line.

Also, are there still a lot of companies requiring this? I don't see it much now.
Posted by Dusty Bottoms
Guadalajara
Member since Nov 2006
931 posts
Posted on 7/6/21 at 1:43 pm to
I think the other, and equally concerning, question is: Is this a company you really want to work for? They are clearly pandering to fear and intentionally stigmatizing those who don't conform to their social principles.

When it became obvious my previous employer's values and political correctness were no longer in alignment with my own, I left with quickness and found a new career. It turned out to be the best move I have ever made.
This post was edited on 7/6/21 at 1:44 pm
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 7/6/21 at 1:55 pm to
Seems to be a slight conflict in the rules, but it's also clear employers can bar and/or terminate employees who refuse to get vaccinated.



Or form a union with your co-workers, put some signs together and start marching, "No Justice! No Peace!"
Posted by Huck Finn
Baton Rouge
Member since Jul 2009
2459 posts
Posted on 7/6/21 at 2:08 pm to
We may work for the same company. Ours has the same exact moronic policy.
Posted by salty1
Member since Jun 2015
4430 posts
Posted on 7/6/21 at 2:22 pm to
quote:

Hospitals have been doing this with the seasonal flu for years. FWIW.


GTFOH with this bullshite. Getting a shot to get a sticker in the past did not have the same conditions attached to it like today.
Posted by Scruffy
Kansas City
Member since Jul 2011
72131 posts
Posted on 7/6/21 at 3:12 pm to
quote:


Hospitals have been doing this with the seasonal flu for years. FWIW.
Voluntarily.

I refuse the sticker every year because it’s dumb.
Posted by Kirk Herbstreit
in the outhouse
Member since Jan 2005
5817 posts
Posted on 7/6/21 at 3:32 pm to
Hospitals have been doing this for years. In fact a hospital around here will withhold raises from employees who opt out of getting a seasonal flu shot.
Posted by ithad2bme
Houston transplant from B.R.
Member since Sep 2008
3469 posts
Posted on 7/6/21 at 3:35 pm to
My company has a similar policy, but no sticker yet. When someone mentions getting vaccinated I say "oh naturally" and they assume I got the vaccine. In reality I had Covid and have tested positive for the antibodies twice.
Posted by CGSC Lobotomy
Member since Sep 2011
80294 posts
Posted on 7/6/21 at 3:37 pm to
quote:

Or form a union with your co-workers, put some signs together and start marching, "No Justice! No Peace!"


In our case, requiring vaccinations as a condition of employment violates the union contract that was just signed and ratified.
Posted by DesScorp
Alabama
Member since Sep 2017
6528 posts
Posted on 7/6/21 at 3:45 pm to
quote:

It's not legal.
None of this covid gestapo shite is.


There you go, you sweet innocent summer child, still thinking that the law matters.

Posted by goldenturbo
Member since Jul 2020
764 posts
Posted on 7/6/21 at 4:08 pm to
Trying to force the vaccine or else you'll wear the mask like a scarlett letter.
Posted by Scruffy
Kansas City
Member since Jul 2011
72131 posts
Posted on 7/6/21 at 4:15 pm to
quote:

Hospitals have been doing this for years. In fact a hospital around here will withhold raises from employees who opt out of getting a seasonal flu shot.
They have been requiring the shot.

They do not mandate that I tell all of my coworkers whether I received it or not, nor do they require that I wear a badge stating that I did.

That was what the OP was asking about.

Does the requiring of a badge or sticker stating that you got the shot a violation of EEOC/ADA laws.
This post was edited on 7/6/21 at 4:17 pm
Posted by boosiebadazz
Member since Feb 2008
80286 posts
Posted on 7/6/21 at 4:18 pm to
Scruffy should read the email again and ponder the meaning of “may” versus “shall”.
Posted by CaTiger85
Member since Feb 2020
1394 posts
Posted on 7/6/21 at 4:18 pm to
quote:

All fine and dandy, but OP asked about the legalities of it not whether it was sound or fair policy.


You sure a Louisiana personal injury lawyer from a tier 4 law school should opine on state and federal employment law issues?
This post was edited on 7/6/21 at 4:25 pm
Posted by boosiebadazz
Member since Feb 2008
80286 posts
Posted on 7/6/21 at 4:20 pm to
Sure, just as much as the next guy. Even the big white shoe fancy lawyers like yourself
Posted by CaTiger85
Member since Feb 2020
1394 posts
Posted on 7/6/21 at 4:21 pm to
Feel free, but you are making incorrect blanket statements.
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