HR Overreach?

[go_deep]

Here's the scenario. HR sends out an email to everyone in the corporation, anonymous survey, have you been vaccinated? Next email, we'll period in HR will know, but your information will be confidential.
Concern I have is the corporation is spread across 3 states, nobody really works in very large groups. Survey specifically asks what town your in, several people in some cases are the only person in since areas.

Does a private company have an place in specifically asking this?

We've been told that we'll be written up for not filing it the anonymous survey, that's actually not anonymous.

 

[grfox92]

Here's the scenario. HR sends out an email to everyone in the corporation, anonymous survey, have you been vaccinated? Next email, we'll period in HR will know, but your information will be confidential.
Concern I have is the corporation is spread across 3 states, nobody really works in very large groups. Survey specifically asks what town your in, several people in some cases are the only person in since areas.

Does a private company have an place in specifically asking this?

We've been told that we'll be written up for not filing it the anonymous survey, that's actually not anonymous.

I don't understand what ever happened to HIPPA?

It seems like a huge invasion of privacy, but that doesn't mean it is illegal.

I would be uncomfortable with it.

Never before have people been expected to be so open about what medical procedures they undergo.

Sent from my Pixel 3 using Tapatalk

 

[eddielasvegas]

It's not anonymous. Or if it truly is, it won't be for long. That you can take to the bank (while they're open).


Eddie

 

[Doc Holliday]

I am in HR for a Fortune 500 company, and have worked at several others. The legal dept for your company as well as your CEO/executive leadership have discussed options, risks, and come up with a plan of action. It is then dropped in HRs lap to execute. HR folks are nothing more than order takers regardless of how they portray themselves, and dont do anything without support from the business. Know that

 

[CHAD PEZZLE]

I don't understand what ever happened to HIPPA?

It seems like a huge invasion of privacy, but that doesn't mean it is illegal.

I would be uncomfortable with it.

Never before have people been expected to be so open about what medical procedures they undergo.

Sent from my Pixel 3 using Tapatalk

For the record I agree with you, I think it's a big invasion of privacy, but I think technically not illegal or a violation of HIPPA.

My understanding would be that if your employer asks your GP/DR. for your vaccination status and they provide it the employer with out your permission. That's a violation.

You're employer asking you personally is not a violation.

Basically, HIPPA protects your medical provider from divulging any medical information to anyone that hasn't been granted permission by you.

 

[JakeSCH]

idk, we had the same thing but ours had a 3rd option (I do not want to disclose) or something along those lines. I filled it out honestly, my hope is that if 30 to 40% of the company fills it out honestly and doesn't have the vaccine that they will figure out something because they cannot afford to lose 40% of their work force.

And if they do, get the shot and don't get hired back without a big pay raise...hiring is extremely difficult right now.

 

[browning2480]

I believe HIPPA doesn’t apply when they see it as a matter of public safety when it comes to vaccines, or something like that.

 

[540-Virginian]

Another HR person here. Even HR is cruising into uncharted territory with this from a legal perspective. I do NOT agree with any of this approach by companies for the record. But heres my input for you on your scenario:

Can they ask you about your vaccine? My argument is no, unless they have a policy strictly stating you must be vaccinated. Then yes youd have to respond. But you should have an opportunity to provide a medical or religious exemption. Ill speak to that in a second…

Is that survey anonymous? No absolutely not, they rarely ever are. They may promise to keep your results ‘confidential,’ meaning theyll share the data as an aggregate, but they almost always tie back to a unique identifier for reporting out demogrpahics and what not. The only survey that is anonymous is Ive found is Menti. If its a Qualtircs survey, they'll definitely know who you are.

can they make you take the survey. My guess is probably, but that seems sketchy legally if they dont have policy saying you must be vaccinated.

have you looked at the survey? Sometimes you can complete them blank and leave a comment like i prefer not to reapond given the limited information provided. If they force a yes or no answer, then that obvi wont work. A survey is also not a binding contract if presented the way they did. So you could lie on it ie and argue you did it on your phone and never signed off that it was yours etc.

On the med and religious exemption stuff, let me do some digging I may be able to find some ammo for everyone.

 

[Scoot]

Contact HR and your supervisor and tell them about your concerns. See if you can avoid filling it out if you are uncomfortable completing it. If you absolutely can't try to follow the advice above. If that fails you will have to make a choice and deal with the repercussions of it.

 

[go_deep]

I've talked with my boss his simple reply is, It's F****ing BS.
HR says there are federal and state laws that say I have to fill out the survey.
The survey has your names tied to it, and your work location. I'm literally the only person at my work location, several others are in the same boat as me in being the only one at their work location.

 

[Rob5589]

It's not HIPAA, unless they ask your doctor and he tells them. Then he is in violation. We were recently surveyed in anticipation of mandatory vax by the state. If you refuse, you have to be tested weekly so the company is trying yo determine how many tests they will need.

 

[rooster440]

Are you required to divulge that information? My company sends that nonsense every day and I just delete them, it’s my business.


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[archp625]

Why can’t you just say yes. That’s what they want you to say anyway. To my knowledge there isn’t a national database for this.

I also feel like if push comes to serve a counterfeit card will do.

 

[540-Virginian]

I've talked with my boss his simple reply is, It's F****ing BS.
HR says there are federal and state laws that say I have to fill out the survey.
The survey has your names tied to it, and your work location. I'm literally the only person at my work location, several others are in the same boat as me in being the only one at their work location.

Do you work for a state agency? Or live in california? There is no such laws… ask for the law they are referencing to

 

[Rob5589]

Why can’t you just say yes. That’s what they want you to say anyway. To my knowledge there isn’t a national database for this.

I also feel like if push comes to serve a counterfeit card will do.

Interestingly enough, CA has a state database of those vaxxed. Certainly the feds could access if they wanted to. Not sure if other states are keeping track but, I'd lean toward they are.

 

[nettereo16]

Mine had a 3rd option, Do Not Wish to Disclose. Which is exactly how I feel about the whole thing. It's none of their business. I'm sure the policy will change at some point and I'll cross that bridge when I get there. It's extremely frustrating.

 

[Opah]

#1 you are the only person there, no 6 foot distancing and no contamination risk, who gives a flying F if you have or if you haven't ?

 

[cnelk]

^^^
Do a write-in option
‘Do not wish to disclose’

Sit back and see what happens

 

[ODB]

My company told the number of covid cases at one of the locations and the percentage that were vaxxed or not (it was a very small number of people sick).


I thought disclosing potential vax status of a handful of people in a known location went too far. It is not the company’s business to tell a worldwide staff X percentage of x people were sick and were/were not vaxxed. I, as a worker half the world away have no need to know their vax status. This to me violates hippa - whether they used actual names or not. Given the polarizing nature of this crap, in could easily see blame or suspicion being cast against them.

the entire comm was a push to get people vaxxed. I feel this is overreach.

 

[archp625]

Interestingly enough, CA has a state database of those vaxxed. Certainly the feds could access if they wanted to. Not sure if other states are keeping track but, I'd lean toward they are.

I doubt your company is going to look. It they do. I don’t k ow what to tell you, a third shot makes me afraid for my life.