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Old 05-17-2021, 09:03 PM
 
Location: Lynbrook
38 posts, read 52,335 times
Reputation: 37

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Quote:
Originally Posted by TVR1997 View Post
My company has avoided these discussions because masking/vaccination is so politically charged. So if someone says they don't want to wear a mask or maybe that they aren't vaccinated...some will assume the are Trump supporters and that could impact your standing....or if you come in wearing a mask, face shield and using hand sanitizer every 2 minutes that you are overreacting.
I've heard other people making correlations between political views and vaccine acceptance,
I, as well as all of my family are Trump supporters, we all got vaccinated as soon as we were eligible.
In my office (about 50) we've always been open about our political views, I've convinced several of my coworkers who were on the fence, to get vaccinated.
Last week, one woman who I previously thought was on the fence, told me "nope, not me, not gonna happen" - she's a Biden supporter.
Personally, I've found no correlation.
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Old 05-18-2021, 10:53 AM
 
1,511 posts, read 1,260,755 times
Reputation: 1735
Quote:
Originally Posted by ClarkStreetKid View Post
According to one HR exec even asking the question can fall into PHI.
What is PHI?
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Old 05-18-2021, 12:17 PM
 
12,766 posts, read 18,437,251 times
Reputation: 8779
Quote:
Originally Posted by sirtiger View Post
Not an issue for me since I don’t need to go back to the office for the rest of this year. Not missing the MTA one bit
Me either ... home til Jan. They closed our office.
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Old 05-18-2021, 12:31 PM
 
512 posts, read 356,587 times
Reputation: 852
Employers can without a doubt require an employee to be vaccinated against covid. The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance for employers way back in December 2020. It is 100% legal and will absolutely hold up in a court of law if an employee tried to sue. It does allow for religious and medical exemptions. A company HR official does need to be careful if a person claims medical exemption, as that is where a company could run into HIPAA issues because you don't want the company to press an employee about their medical issues where it ventures into HIPAA violation territory. That is where lawsuits could fire up. But as for just mandating the vaccine alone? Employees have zero leverage. The law is clear: find another job if you don't like it unless you can claim exemption.

The question is, do employers want to die on that hill and potentially lose good staff if they require the vaccine? That is where it gets tricky when a company requires vaccination.
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Old 05-18-2021, 05:16 PM
 
4,537 posts, read 8,361,602 times
Reputation: 3442
Quote:
Originally Posted by brownedbits View Post
Employers can without a doubt require an employee to be vaccinated against covid. The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance for employers way back in December 2020. It is 100% legal and will absolutely hold up in a court of law if an employee tried to sue. It does allow for religious and medical exemptions. A company HR official does need to be careful if a person claims medical exemption, as that is where a company could run into HIPAA issues because you don't want the company to press an employee about their medical issues where it ventures into HIPAA violation territory. That is where lawsuits could fire up. But as for just mandating the vaccine alone? Employees have zero leverage. The law is clear: find another job if you don't like it unless you can claim exemption.

The question is, do employers want to die on that hill and potentially lose good staff if they require the vaccine? That is where it gets tricky when a company requires vaccination.
Over the years I have seen the shift from employers valuing a good staff to employers thinking anyone can fill your seat.
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Old 05-19-2021, 05:55 AM
 
3,852 posts, read 4,533,943 times
Reputation: 4516
Quote:
Originally Posted by brownedbits View Post
Employers can without a doubt require an employee to be vaccinated against covid. The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance for employers way back in December 2020. It is 100% legal and will absolutely hold up in a court of law if an employee tried to sue. It does allow for religious and medical exemptions. A company HR official does need to be careful if a person claims medical exemption, as that is where a company could run into HIPAA issues because you don't want the company to press an employee about their medical issues where it ventures into HIPAA violation territory. That is where lawsuits could fire up. But as for just mandating the vaccine alone? Employees have zero leverage. The law is clear: find another job if you don't like it unless you can claim exemption.

The question is, do employers want to die on that hill and potentially lose good staff if they require the vaccine? That is where it gets tricky when a company requires vaccination.
As I posted upthread, the main risk to employers is workers’ compensation claims and/or lawsuits arising out of vaccination side effects. Since the employer cannot actually check your medical records, if you want to avoid a headache, just lie and tell them you’re vaccinated.
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Old 05-19-2021, 08:13 AM
 
855 posts, read 456,971 times
Reputation: 2667
Quote:
Originally Posted by Interlude View Post
As I posted upthread, the main risk to employers is workers’ compensation claims and/or lawsuits arising out of vaccination side effects. Since the employer cannot actually check your medical records, if you want to avoid a headache, just lie and tell them you’re vaccinated.
You're one of the few who understands this.

If I were to mandate vaccines for my employees, if someone has a serious side effect I am liable for a workers' comp claim. And some of the side effects from the vax are serious and many have been permanently disabled or died. You won't hear that on CNN or News 12 but that's why as a business owner you do your research before following the sheep and making important decisions.
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Old 05-19-2021, 09:47 AM
 
3,852 posts, read 4,533,943 times
Reputation: 4516
Quote:
Originally Posted by mysticpearl View Post
You're one of the few who understands this.

If I were to mandate vaccines for my employees, if someone has a serious side effect I am liable for a workers' comp claim. And some of the side effects from the vax are serious and many have been permanently disabled or died. You won't hear that on CNN or News 12 but that's why as a business owner you do your research before following the sheep and making important decisions.
This is also why you don't see schools mandating vaccinations for college faculty/staff, even though many are requiring it for students. If I were a lawyer (cough) I would set it up so that students must be vaccinated and must also sign a liability waiver. These waivers are not enforceable as to Workers' Compensation, but students are not qualified WC recipients so it doesn't matter. They can still sue however and I guess we'll see how that works out.

Professors/staff etc. however can make these claims if they are hurt by the vaccine and as such their lawyers certainly advised the schools not to require them. I'd imagine the UFT has taken the same position (while simultaneously saying that schools should be remote forever, but I digress).
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Old 05-25-2021, 09:20 AM
 
1,511 posts, read 1,260,755 times
Reputation: 1735
Quote:
Originally Posted by mysticpearl View Post
You're one of the few who understands this.

If I were to mandate vaccines for my employees, if someone has a serious side effect I am liable for a workers' comp claim. And some of the side effects from the vax are serious and many have been permanently disabled or died. You won't hear that on CNN or News 12 but that's why as a business owner you do your research before following the sheep and making important decisions.
I heard that OSHA flipped on this- and they are now saying any adverse reactions WONT be considered a work related incident (which sucks lol)- i felt like that was the one thing i could hang my hat on
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Old 05-25-2021, 09:54 AM
 
3,852 posts, read 4,533,943 times
Reputation: 4516
Quote:
Originally Posted by bell235 View Post
I heard that OSHA flipped on this- and they are now saying any adverse reactions WONT be considered a work related incident (which sucks lol)- i felt like that was the one thing i could hang my hat on
Not exactly. They flipped and said that employers are no longer required to report side effects to OSHA as injuries for the next year. That has little, if any effect on workers' compensation claims, which operate under a separate set of rules. In fact, the OSHA reporting requirements (under 29 CFR 1904) specifically state that reporting an injury doesn't have any bearing on fault, that an OSHA rule has been violated, or that the employee is eligible for workers' compensation or other benefits.

As I said upthread however, if your employer is requiring vaccination, make sure you document everything.
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