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Old 07-21-2021, 12:21 PM
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Quote:
Originally Posted by AVB-AMG View Post
Therefore, from all of this, I do believe that the bottom line is that employers generally have the right to mandate that their employees get vaccinated for COVID-19 virus as a prerequisite for employment, abiding by the stipulations I noted above. So if the current or prospective employee does not want to get vaccinated or if they cannot show proof of being vaccinated, then they will have to find employment somewhere else. You and others have a different interpretation, understanding and belief. Therefore, I think the reality is that since the legislatures in many states are currently in the process of enacting legislation to prevent this from happening, the fate of this question will most likely be ultimately decided in the courts.

AVB-AMG
I agree, the courts will ultimately decide it. And seeing as how the Supreme Court is conservative, patient's privacy will be upheld and employers will not be able to require vaccinations excepting in very specific industries. That's my guess anyway.

HIPAA's privacy stipulations are very limiting as to what can be shared by physicians and to whom, or asked for by employers, and when they may be asked for. I worked in a health care provider's corporate office for a short while. And my wife works for a large financial institution. Employers who are not considered "covered entities" can not access a person's personal health information without consent from that individual. They are not even allowed to ask reasons for sick leave other than to require a doctor's note (which will not stipulate the illness causing the leave, only the length of required leave).

Quote:
Originally Posted by AVB-AMG View Post
Keep in mind that people have to reveal medical information all the time. HIPAA does not grant each American medical patient a universal shield against the passing of medical data. Employers have a legal right question whether job candidates are fit for service. For example, schools can ask bus drivers whether they can see properly with or without corrective lenses. Airlines can ask pilots whether they have a history of seizures. Railroad engineers can be required to take drug tests. Police officers and Firefighters are required to prove physical fitness. Medical examinations are often attached to such employment. HIPAA does not ban the asking of such questions or the gleaning of such data.
Of course. Just because it is okay for requirement that a pilot have 20/20 vision by an employer, doesn't mean it would be okay for a bank to require employees be vaccinated. Apples and oranges.

There are few exceptions that I would be okay with requiring vaccinations. Health care providers (specifically in a hospital setting or assisted living/hospice), schools/day care centers, and the military. I do, however, feel it is okay for employers to require masks be worn on/at the job/workplace. That requires no HIPAA information and could be considered part of a uniform requirement.
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