An email went out to all employees last week that they hired a third party surveyor to collect vaccine status on everyone. The language basically said that although we haven’t implemented the mandate, they would need to know if we had it along with proof, or if we had not received the jab, supposedly for statistical purposes. We are required to respond no later than 11/22. Everyday since, I have received a reminder that I haven’t responded and that I’m required to by the deadline. I thought that surveys were optional(?). What happens if I don’t?
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Tell them in the interest of personal confidentiality, you will not be disclosing any of your medical history or information.
Are you in a right to work state? If yes, contact a lawyer to learn your rights.
In a right to work state you can be fired without due process. In other words, you don’t have to be given a reason unless you’re under a contract. I recommend you seek legal council. Those who are citing HIPAA as your protection are not entirely correct. It would be a violation of HIPAA for your employer to circumvent you and go directly to your insurance carrier or healthcare provider to seek medical information about you. If they provide it without your consent then it is a violation of HIPAA. It is not, however a violation of HIPAA to ask you directly for the information. If you refuse, they could fire you under right to work. They don’t have to give a reason. Therefore, I suggest you get legal council on your options regarding answering the survey and what recourse you may have if you don’t answer. Also, document every conversation (date, time, with whom, and what was said.). Print and keep a record of every email sent out regarding this survey.
EEOC ? Doesn't that keep you from asking personal questions during interview process? Could the EEOC laws have some effect? I've been out of business for a long while, so I could be in left field with this...
Yes. Right to work state