I was hired for a really great role at a great company. Three Zoom interviews and no mention of the vax. The hiring manager told me upper management had loved me.
I was all set to begin work soon and then this email came:
“I hope you are well.
Would you please forward your proof of vaccination and boosters to us so we can have them on file?“
To which I responded that I was not vaccinated. Two days later they fired me in an email, saying should I wish to get vaxed, they would consider talking to me again.
Standing strong in my truth today, but it stings a little....
Seems illegal to ask for privileged health information. Keep copies of all their emails, you may be able to join in a discrimination lawsuit against that, and multiple companies, at a later date. I am not an attorney or giving legal advise, just a supposition on my part. You may find a better job on the horizon because God works in mysterious ways and often we are put to the test of holding to our beliefs in the face of adversity.
This exactly. It is none of their business asking for PHI. Definitely discrimination.
Right? It just came out of the blue…the vax question.
Vaccination status should be a protected detail under anti-discrimination policies. Sadly it isn't under the Civil Rights Act.
To be fair when they passed the Civil Rights Act, vax status wasn't even a thing anyone even remotely considered.
The civil rights act is by and large unconstitutional as applied to private citizens and businesses. As it compels private entities in matters of freedom of association. To compel government entities, that makes sense as all equal in eyes of the Law ( hypothetically).
I hope one day it will be.
They can’t ask if she’s pregnant and they can’t ask if she has ALS so how is this any different.
I know. This also information is protected under HIPPA.
It’s only illegal if they ask a person’s doctor for medical info. and the doctor in turn shares that patient info with the asking party. Not illegal to ask the person outright.
I think you’re right.
You did the right thing by standing your ground. I'm sorry it didn't work out but it just means that something better is going to come along. Only a shit company would require the jab.
It seems like you should be able to say, “My personal health is just that, personal.” Either they want to hire you or they don’t. Do you ask anyone else, “How many abortions have you had?” Or do employers ask before hiring, “Do you have any serious or debilitating medical conditions?” Why is the Covid insanity any different?
Spent a lot of time as the head of HR for a mid-sized company. This is one area I know inside and out. An employer can ask for a medical note in the event of the use of sick leave or for the issuance/processing of medical insurance claims. Additionally, HIPAA allows for patient confidentially between self and a medical doctor and prevents said medical institution from lawfully revealing any medical information without prior authorization. Therefore, if an employer seeks medical information form a doctor that has not been authorized to release such information, then the law has been broken. It is not against the law for an employer to have conditions for hiring that new-hires must meet. Such conditions might be submitting to and passing a drug test, physical endurance test, certain vaccinations, ect. If the employee candidate wishes to obtain a job with a company with such policies in place then they need to be willing to provide the required documentation to ensure the hiring conditions have been met. The OP did not wish to comply, which was her right. It was, however the company's right to ask since being vaccinated in part of their hiring requirements.
Now, does the OP have a discrimination case? Maybe...but this wasn't a HIPAA violation.
and find their main competitor in the field and see if they have the same screwy (illegal IMO) requirements. You may be surprised what companies will 'defer (indefinitely)' for the right applicant.