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Forum » Can your employer actually ask for your vaccination card?
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Thread: Can your employer actually ask for your vaccination card?

post 1637133133 04-26-2021, 11:53 AM
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Can your employer actually ask for your vaccination card?

My employer said that a person's vaccination status is HIPAA protected, but in order to remain employed that information must be handed over to management? So what is it? Is this legal? Is laying off people who don't fall in line within a particular medical status even legal? Thought I would bring this up for those who may face these circumstances and gain some insightful, but not legal advice, comments about getting the vaccination or not.
post 1637133233 04-26-2021, 11:54 AM
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You cannot hire or fire people based on medical needs. That's discrimination and a lawsuit waiting to happen.

If you work for a company that stupid, I'd say start looking for a new job just based on principle.
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post 1637133453 04-26-2021, 11:56 AM
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Hipaa allows disclosure for "public interest".
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post 1637133533 04-26-2021, 11:57 AM
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Originally Posted By nin-com-poop⏩
My employer said that a person's vaccination status is HIPAA protected, but in order to remain employed that information must be handed over to management? So what is it? Is this legal? Is laying off people who don't fall in line within a particular medical status even legal? Thought I would bring this up for those who may face these circumstances and gain some insightful, but not legal advice, comments about getting the vaccination or not.
Your employer is correct that it is considered PHI and illegal to ask for.

Your employer is incorrect in thinking it is legal to force you to prove your vaccination. Did they ask you for your polo vaccination records? Laying you off for noncompliance is grounds for a lawsuit. You're about to own the company boyo.
post 1637135243 04-26-2021, 12:20 PM
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Public Interest and Benefit Activities – The HIPAA Privacy Rule permits use and disclosure of PHI, without an individual’s authorization or permission, for these 12 national priority purposes.

Required by Law – These required by law disclosures include by statute, regulation, or court orders.

Public Health Activities – These activities include:

(1) public health authorities authorized by law to collect or receive such information for preventing or controlling disease, injury, or disability and to public health or other government authorities authorized to receive reports of child abuse and neglect;
(2) entities subject to FDA regulation regarding FDA regulated products or activities for purposes such as adverse event or tracking of products
(3) individuals who may have contracted or been exposed to a communicable disease when notification is authorized by law;
(4) employers, regarding employees, when requested by employers, for information concerning a work-related illness or injury or workplace related medical surveillance

make sure you get a good lawyer, they will be worth every penny
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post 1637135383 04-26-2021, 12:22 PM
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Your employer can not discriminate against you for a protected class unless it’s reasonable for that line of work.

People vaccine status are not a protected class.

I agree you can make an argument about how it’s morally wrong, but it’s legal.
post 1637135663 04-26-2021, 12:26 PM
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Originally Posted By pondus_levo⏩
You cannot hire or fire people based on medical needs. That's discrimination and a lawsuit waiting to happen.

If you work for a company that stupid, I'd say start looking for a new job just based on principle.
Not wanting to get a vaccine is not a medical need. I’ve had to show proof of vaccine records for work before.

The 8 protected classes are:

Race.
Color.
Religion or creed.
National origin or ancestry.
Sex (including gender, pregnancy, sexual orientation, and gender identity).
Age.
Physical or mental disability.
Veteran status.

You can be fired or punished at work for any reason not on that list. Choosing to not get a vaccine is not a disability
post 1637135773 04-26-2021, 12:27 PM
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Originally Posted By navid93⏩
Your employer can not discriminate against you for a protected class.

People vaccine status are not a protected class.

I agree you can make an argument about how it’s morally wrong, but it’s legal.
unfortunately this.

Houston Methodist Hospital is telling staff members either get vaccinated or get fired.

I think this will backfire on them since I feel a lot will call them on their bluff. '

RNs are hot on the market and will easily find another job at a another competing hospital that doesn't have it as mandatory.
post 1637135913 04-26-2021, 12:30 PM
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Originally Posted By navid93⏩
Not wanting to get a vaccine is not a medical need. I’ve had to show proof of vaccine records for work before.

The 8 protected classes are:

Race.
Color.
Religion or creed.
National origin or ancestry.
Sex (including gender, pregnancy, sexual orientation, and gender identity).
Age.
Physical or mental disability.
Veteran status.

You can be fired or punished at work for any reason not on that list. Choosing to not get a vaccine is not a disability
Why are you arguing protected class boyo? That's not the topic.
post 1637136163 04-26-2021, 12:34 PM
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Looks like a juicy lawsuit waiting to happen.
post 1637136243 04-26-2021, 12:34 PM
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What I think can happen is possibly wont force you but you won’t be allowed to return to work physically?
-Some people say good things come to those who wait, truth is, good things come to those who work..... who work later.....who work harder...... who are willing to go further than anyone else to get them. If you're waiting for good things to come to you, you'll be waiting for a pretty long time.

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post 1637136323 04-26-2021, 12:36 PM
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Post deleted by user
post 1637136353 04-26-2021, 12:37 PM
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Originally Posted By navid93⏩
Not wanting to get a vaccine is not a medical need. I’ve had to show proof of vaccine records for work before.

The 8 protected classes are:

Race.
Color.
Religion or creed.
National origin or ancestry.
Sex (including gender, pregnancy, sexual orientation, and gender identity).
Age.
Physical or mental disability.
Veteran status.

You can be fired or punished at work for any reason not on that list. Choosing to not get a vaccine is not a disability
"you see due to my religion I cannot take the covid vaccine"
post 1637141563 04-26-2021, 01:49 PM
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kind of an awkward situation tbh

If you say no when they ask you, in their minds wouldn't that imply you probably didn't get vaccinated, maybe there is a situation where a person got vaccinated says no but seems unlikely. Based on that they probably wouldn't hire you anyway? Because you refused to give info?? So even if it is illegal and it is claimed that you can't discriminate based on medical history/records, they could just come up with some excuse?


not going to comment on any legal aspects
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post 1637141893 04-26-2021, 01:53 PM
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A business doesn't have to bake a gay cake for you and they don't have to keep you employed if you refuse a vaccine.
post 1637142223 04-26-2021, 01:56 PM
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nah only card I carry is proving that i'm a *******.

i fuk my boss in the ass if he asked for a covid vaccination card.
post 1637142423 04-26-2021, 01:58 PM
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Boss made everyone raise their hand who had been vaccinated yet during our staff meeting

Smd trying to social pressure people in a work setting into your political ideology
post 1637142863 04-26-2021, 02:04 PM
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Originally Posted By lolatpaniccels⏩
unfortunately this.

Houston Methodist Hospital is telling staff members either get vaccinated or get fired.

I think this will backfire on them since I feel a lot will call them on their bluff. '

RNs are hot on the market and will easily find another job at a another competing hospital that doesn't have it as mandatory.
nah, no one here cares srs

In fact a lot of staff at neighboring hospitals are cheering them on and pushing for their employers to follow suit

HMH is a top tier institution and no one wants to leave a position there, this also is pretty old news for anyone that actually works there since the admins have been stating that this was coming since the 1st day of vaccinations.
lmao I was like lmao


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post 1637143683 04-26-2021, 02:18 PM
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Forcing employees to get the vaccine would seem to me to open them up to lawsuits. What if you get a bad reaction to it and you only got it because they were trying to force it?
post 1637145923 04-26-2021, 02:48 PM
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Originally Posted By JoeDelts⏩
Forcing employees to get the vaccine would seem to me to open them up to lawsuits. What if you get a bad reaction to it and you only got it because they were trying to force it?
Zero lawsuits. No lawyer would take the case unless they’re trying to fuc you out of your money.

Your private business does not have to employ you. If they tell you they’ll fire you unless you get a vaccine, it was still your adult decision to do so. You didn’t have to consent to get a vaccine to keep your job, but you did.

You would have zero case
post 1637146753 04-26-2021, 03:01 PM
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From what I read most labor lawyers think it is in fact legal for employers to choose to require vaccinations, however not if they are only approved under Emergency Use Authorization

It is not in fact hippa protected and you would need a disability or legitimate religious reason to object
post 1637146883 04-26-2021, 03:03 PM
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Originally Posted By navid93⏩
Zero lawsuits. No lawyer would take the case unless they’re trying to fuc you out of your money.

Your private business does not have to employ you. If they tell you they’ll fire you unless you get a vaccine, it was still your adult decision to do so. You didn’t have to consent to get a vaccine to keep your job, but you did.

You would have zero case
Confused. You seem to contradict yourself.

>told I'll get fired if I don't get the shot

>didn't need to consent to the shot to keep my job

????
post 1637147023 04-26-2021, 03:06 PM
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Originally Posted By JoeDelts⏩
Confused. You seem to contradict yourself.

>told I'll get fired if I don't get the shot

>didn't need to consent to the shot to keep my job

????
Yes. The terms your employer gave you were vaccine for a job. You consented. You didn’t have to. Your employer is not taking anything away from you from firing you, he is just no longer giving you something.

If I offer you $100 to get a vaccine and you get it, that’s your choice, you can’t sue me if the vaccine hurts you.

If I offer to keep employing you to get a vaccine and you get it, that’s your choice. Same logic
post 1637147503 04-26-2021, 03:13 PM
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Originally Posted By navid93⏩
Yes. The terms your employer gave you were vaccine for a job. You consented. You didn’t have to. Your employer is not taking anything away from you from firing you, he is just no longer giving you something.

If I offer you $100 to get a vaccine and you get it, that’s your choice, you can’t sue me if the vaccine hurts you.

If I offer to keep employing you to get a vaccine and you get it, that’s your choice. Same logic
No offence but it really sounds like you're just pulling this out of your ass.
post 1637147563 04-26-2021, 03:14 PM
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The following denominations do have a theological objection to vaccination:

Dutch Reformed Congregations - This denomination has a tradition of declining immunizations. Some members decline vaccination on the basis that it interferes with divine providence. However, others within the faith accept immunization as a gift from God to be used with gratitude.
Faith healing denominations including:
Faith Tabernacle
Church of the First Born
Faith Assembly
End Time Ministrie
Church of Christ, Scientist - One of the basic teachings of this denomination is that disease can be cured or prevented by focused prayer and members will often request exemptions when available. However, there are not strict rules against vaccination and members can receive required vaccinations.


Just claim one of the above religions. Take some serious audacity for someone to say you aren’t actually practicing a religion you state to be.
post 1637148043 04-26-2021, 03:23 PM
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What if you have a medical history of blood clots for example? Wouldn't that be reason enough to refuse it considering people have gotten blood clots as a side effect?
post 1637148133 04-26-2021, 03:24 PM
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Originally Posted By nin-com-poop⏩
My employer said that a person's vaccination status is HIPAA protected, but in order to remain employed that information must be handed over to management? So what is it? Is this legal? Is laying off people who don't fall in line within a particular medical status even legal? Thought I would bring this up for those who may face these circumstances and gain some insightful, but not legal advice, comments about getting the vaccination or not.
Who told you this? Ive been fed alot of BS from management before that was never true.

In all honestly there might be some truth to this. Because in order to fly or do certain things, you need to be vaccinated and you need to show proof. In that case im not really sure it is HIPPA protected because then you would have all the whiners saying how its against our rights and what not.
post 1637148623 04-26-2021, 03:32 PM
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Originally Posted By JoeDelts⏩
No offence but it really sounds like you're just pulling this out of your ass.
Once FDA approved which it should be in the next few months, this will 100% be the case.
post 1637149543 04-26-2021, 03:45 PM
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Originally Posted By navid93⏩
Once FDA approved which it should be in the next few months, this will 100% be the case.
So it's not the case right now?
post 1637150043 04-26-2021, 03:52 PM
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Originally Posted By JoeDelts⏩
What if you have a medical history of blood clots for example? Wouldn't that be reason enough to refuse it considering people have gotten blood clots as a side effect?
Not all of the vaccines available have shown blood clotting side effects. There are choices.


Yes, your employer can mandate being vaccinated without legal issues. Even if you pull the "religion" card, your employer can say that you then cannot meet the requirements of the position.

Just like public schools require certain vaccinations for the kids to attend class.
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