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Does an employer have the right to survey all employees on vaccination status?
Anonymous4 views3 answers
US employer requiring a survey of all employees on whether or not they took vaccine. I am wondering if this violates HIPPA, or any other rights or freedoms enjoyed by Americans.
Per the EEOC, the federal agency that is responsible for enforcing federal non-discrimination laws, an employer can ask its employees if they are vaccinated. Whether your employer's survey goes beyond what is permissible can only be determined by reviewing the survey. As other attorneys noted, you would need to have the survey reviewed by a local attorney who can review it and can also advise as to state laws, if applicable.
HIPAA (a Federal privacy law) would not apply to your situation, as HIPAA only applies to health entities (eg health providers, insurers) and those entities' relationship with patients. There are other, separate laws that exist that pertain to employee-health-related rights and privacy- rights-- eg certain discrimination laws and regulations and Wisconsin's invasion of privacy statute, etc.-- that apply to certain situations and circumstances, and that can (depending on circumstances) prohibit employers from gathering or disclosing certain types of employee information.
However, there is no way a lawyer (even one like me versed in those areas) could provide you with definitive or reliable legal advice via /messages back and forth. A lawyer would need to speak with you directly to learn more details, ask certain questions we have that relate to facts and legal standards at issue, etc. Often, a lawyer needs to review documents as well (eg in this case, the employer's survey-related documents, emails and/or survey form etc.) before he or she can complete an evaluation of potential claims.
Long story short, I'd not recommend you address this issue via your own research or laws or questions (eg about HIPAA) that you have flagged as relevant and prioritized etc. Any who is not a lawyer in the pertinent fields above is almost certain to go down the wrong path in doing their own research and trying to find answers that way. It's rare for a lawyer to even identify the correct questions to ask, much less research and find the correct answers via type message boards etc.
If you talk to a lawyer who practices in WI employee and privacy rights, they will simply want you to provide factual details about what happened, what was written, etc., as well as want to know what your goals or objectives are. Then the lawyer would refer to his or her knowledge of all potentially applicable laws that exist, would know which of those laws (if any) would provide potentially strong rights for your situation, and would ask and answer questions starting from that lawyer's legal knowledge framework (again, after you have educated him or her about the factual circumstances of what happened and what you want to achieve).
I'd recommend you consult directly, by phone or office conference, with an attorney whose practice includes Wisconsin employee rights and privacy laws. Many of us employee rights attorneys offer free initial phone consults, so you'd have nothing to lose in making a free consult call to an attorney, and trying to get direct and reliable legal advice.
It does not violate HIPAA (not HIPPA). Nor does this violate any other rights you may have. You are absolutely free to refuse to get vaccinated. Your employer is absolutely free to end your employment. Actions have consequences.