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.
I am actively and systemically treated differently with many aspects of my job revoked due to not disclosing my vax free status. I am being discriminated against for the past 8 months. My rights are being violated.
I am not making excuses here for bad behavior by human beings towards others, and I am most certainly not trying to diminish in any way the situation you are in at work. The actions by these employers against hard working Americans is disgusting and at some point I pray they are held accountable. I am only trying to bring some clarity as to what possible legal standing a person may have to pursue justice. Without knowing where these distinctions lie, an employee will find it difficult to know where they stand and how to take the legal bull by the horns.
Although it must not be easy and I am sure they want you to quit, the reason your employer and others have been able to separate and treat their employees different due to vaxxine status, is because of the stupid Covid rules and the health emergency state. The health emergency state alone, still in effect nationally and in most states, allows them to get away with all kinds of actions they would not ordinarily be able to exercise. That twisted power in the hands of mental deficient bosses bent on making other people's lives miserable to give them some sense of power and importance in their otherwise meaningless lives, is a recipe for what you are having to suffer through.
Without disclosure as to status one way or the other, a person can be assumed as unvaxxed. The guidance for how employers have been able to get away with what they are doing is based somewhat on the ADA and other Federal employment law. The law requires employers to make "reasonable" accommodations with regards to someone protected by religion or medical condition. But this is a fuzzy area. All an employer has to say is they they are unable to make reasonable accommodation and an employee can be terminated. This is especially true in right to work states. Under the guise of protecting the Karen Covidians, that means separation from you. The vaxxine mandates and other Covid measures are messed up for sure, and ethically and morally the case can be made that you most definitely are being discriminated against. But, legally is another story.
Thank you for continuing to be strong and having the courage to stand your ground. Heaven knows it cannot be easy. My prayers go out to you and I pray that someday you will see justice for what they have put you through. Maybe in some small way, your situation will be used to show that it must not be done to others. God bless you fren and hang in there.
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.
I am actively and systemically treated differently with many aspects of my job revoked due to not disclosing my vax free status. I am being discriminated against for the past 8 months. My rights are being violated.
I am not making excuses here for bad behavior by human beings towards others, and I am most certainly not trying to diminish in any way the situation you are in at work. The actions by these employers against hard working Americans is disgusting and at some point I pray they are held accountable. I am only trying to bring some clarity as to what possible legal standing a person may have to pursue justice. Without knowing where these distinctions lie, an employee will find it difficult to know where they stand and how to take the legal bull by the horns.
Although it must not be easy and I am sure they want you to quit, the reason your employer and others have been able to separate and treat their employees different due to vaxxine status, is because of the stupid Covid rules and the health emergency state. The health emergency state alone, still in effect nationally and in most states, allows them to get away with all kinds of actions they would not ordinarily be able to exercise. That twisted power in the hands of mental deficient bosses bent on making other people's lives miserable to give them some sense of power and importance in their otherwise meaningless lives, is a recipe for what you are having to suffer through.
Without disclosure as to status one way or the other, a person can be assumed as unvaxxed. The guidance for how employers have been able to get away with what they are doing is based somewhat on the ADA and other Federal employment law. The law requires employers to make "reasonable" accommodations with regards to someone protected by religion or medical condition. But this is a fuzzy area. All an employer has to say is they they are unable to make reasonable accommodation and an employee can be terminated. This is especially true in right to work states. Under the guise of protecting the Karen Covidians, that means separation from you. The vaxxine mandates and other Covid measures are messed up for sure, and ethically and morally the case can be made that you most definitely are being discriminated against. But, legally is another story.
Thank you for continuing to be strong and having the courage to stand your ground. Heaven knows it cannot be easy. My prayers go out to you and I pray that someday you will see justice for what they have put you through. Maybe in some small way, your situation will be used to show that it must not be done to others. God bless you fren and hang in there.
Thanks so much for the clarification!