Wells Fargo is about to require all of its employees to disclose what their vaccination status is. They had a "voluntary" disclosure a month ago. I guess nobody volunteered so they just sent an email that it will be a mandatory disclosure.
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That isn't how HIPAA works. HIPAA only relates to rules for third parties storing and sharing your medical information -as well as requiring your consent to share it with another third party. It does not have anything to do with rules around providing your own information, either volunteering it or being required. Not at all.
If this is the case, then what is to stop a company from finding out your medical history and deciding to terminate you because of a condition?
I'm not saying it's right or that I agree with it, but so far there's no case law to supporting anything other than the answer is "nothing". :(
Then, that makes this a case of discrimination, which is illegal.
It will be interesting to see how cases like this play out in court. Thus far, the federal EEOC has stated that employers can require the vaccine. The only way to challenge that is with a lawsuit. I haven't heard of any of this type of case making it far enough yet to tell whether the courts will agree with us or the EEOC. Time will tell.
Yeah, I kind of already knew that. Just trying to make a joke.