Funny thing is...this was a text message to my PERSONAL phone. Yeah, I'll go right ahead and delete that. I really like the company though. Great boss and other co-workers are great to work with.
I liked the way you handled that. But, just for some clarification, I want to pass this information along regarding HIPAA for the benefit of others because this is an area that is very commonly misunderstood. I have worked in health care for decades and have myself been involved in bringing providers in compliance with OSHA standards.
HIPAA only applies to health care providers regarding patient's private medical information. The handling of certain private employment records is regulated by OSHA. Some states like CA, have their own regulations regarding the handling of this type of employee records. This includes injury reports, physicals, drug testing, and vaxxine records. An employee's private medical records must not be kept in an employee's regular file where almost anyone can gain access. Medical records must be kept secure where only a very few designated individuals have access. Any private medical information that is distributed WITHOUT written consent of the employee is in violation of OSHA regulations. A company can be held liable for the unauthorized release of such private medical information.
The ignorance of these regulations regarding an employee's medical information has left many employers vulnerable to lawsuits and fines. You did the right thing by refusing to divulge a medical status. A text could be construed as a written permission of sorts. Whether a text would hold up in a legal sense as consent is debatable because of the fact that did the employee know that their text is being viewed as giving written permission. A good question to ask would have been, "Are you authorized under OSHA regulation to ask an employee for such private medical information?" That would bring the conversation to a halt and would be a means to hopefully bring it to the attention of the higher ups that they may be crossing a line here. Smaller employers may not know this stuff, but there is no excuse for middle sized or large employers to not know how to handle these sensitive records. The whole way these employers have handled this vaxxine crap is inexcusable and they should be held accountable.
Honestly, I work in healthcare and I can never remember what the correct acronym is for that. Before I comment I look it up to make sure it's correct. They drum in the rules to us but not the acronym. 😂
Civil rights violations are very narrowly defined by statue. A civil rights violation occurs as a result of a threat, refusal of service, or use of force against a person that is a member of a protected category - such as with race, gender, handicapped, etc. Even if vaxxine status could be considered a protected category, which has not been established by any court that I am aware of, there has to be some type of discriminatory action taken by an employer against the employee. With employment discrimination, violations are handled through the Federal EEOC or State employment agencies or commissions where an employer can be fined for being in violation. An employee that has been subjected to a hostile work environment due to discrimination, or has suffered wrongful termination, can take the employer to civil court in order to sue for damages that have been suffered as a result of the discrimination. Simply asking a question, even though under OSHA regulations may not have been appropriate, it still does not meet the definition of a violation of civil rights. Just because the information could be used against an employee does not mean that it would be. Thankfully we are not at a place in this country where the potential of an action is not a crime nor can it be viewed as a violation of some type. That is the point when it all becomes Orwellian.
"Please delete".. ok! Great response!
Funny thing is...this was a text message to my PERSONAL phone. Yeah, I'll go right ahead and delete that. I really like the company though. Great boss and other co-workers are great to work with.
I liked the way you handled that. But, just for some clarification, I want to pass this information along regarding HIPAA for the benefit of others because this is an area that is very commonly misunderstood. I have worked in health care for decades and have myself been involved in bringing providers in compliance with OSHA standards.
HIPAA only applies to health care providers regarding patient's private medical information. The handling of certain private employment records is regulated by OSHA. Some states like CA, have their own regulations regarding the handling of this type of employee records. This includes injury reports, physicals, drug testing, and vaxxine records. An employee's private medical records must not be kept in an employee's regular file where almost anyone can gain access. Medical records must be kept secure where only a very few designated individuals have access. Any private medical information that is distributed WITHOUT written consent of the employee is in violation of OSHA regulations. A company can be held liable for the unauthorized release of such private medical information.
The ignorance of these regulations regarding an employee's medical information has left many employers vulnerable to lawsuits and fines. You did the right thing by refusing to divulge a medical status. A text could be construed as a written permission of sorts. Whether a text would hold up in a legal sense as consent is debatable because of the fact that did the employee know that their text is being viewed as giving written permission. A good question to ask would have been, "Are you authorized under OSHA regulation to ask an employee for such private medical information?" That would bring the conversation to a halt and would be a means to hopefully bring it to the attention of the higher ups that they may be crossing a line here. Smaller employers may not know this stuff, but there is no excuse for middle sized or large employers to not know how to handle these sensitive records. The whole way these employers have handled this vaxxine crap is inexcusable and they should be held accountable.
Most companies who went along with covid are neck deep in civil violations and some of criminal violations of peoples rights.
Very true fren. The OSHA violations are only the tip of a very big legal liability iceberg.
Health Insurance Portability and Accountability Act. HIPAA.
I believe it was originally Health Insurance Privacy and Portability Act.
Honestly, I work in healthcare and I can never remember what the correct acronym is for that. Before I comment I look it up to make sure it's correct. They drum in the rules to us but not the acronym. 😂
Thank you. My bad. Corrections made.
It's a civil rights violation because it could be used to discriminate against the employee.
Civil rights violations are very narrowly defined by statue. A civil rights violation occurs as a result of a threat, refusal of service, or use of force against a person that is a member of a protected category - such as with race, gender, handicapped, etc. Even if vaxxine status could be considered a protected category, which has not been established by any court that I am aware of, there has to be some type of discriminatory action taken by an employer against the employee. With employment discrimination, violations are handled through the Federal EEOC or State employment agencies or commissions where an employer can be fined for being in violation. An employee that has been subjected to a hostile work environment due to discrimination, or has suffered wrongful termination, can take the employer to civil court in order to sue for damages that have been suffered as a result of the discrimination. Simply asking a question, even though under OSHA regulations may not have been appropriate, it still does not meet the definition of a violation of civil rights. Just because the information could be used against an employee does not mean that it would be. Thankfully we are not at a place in this country where the potential of an action is not a crime nor can it be viewed as a violation of some type. That is the point when it all becomes Orwellian.
Thanks so much for the clarification!