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EMB Blog: 2021 Offseason

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41 minutes ago, greend said:

hipaa says otherwise.

Hipaa law says that if you found out they are vaccinated (or not) that you cant say anything about it

Hipaa has nothing to do with hiring. Also it has nothing to do with firing if your an at will state. 

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1 minute ago, greend said:

You can ask them to show you their card or they have to wear a mask. But Walmart around here went don't ask don't tell (the d.c. anyways)

Yeah most places have chosen the honor system.  But, again, HIPAA doesn't apply in those scenarios and it would be legal for them to ask. 

HIPAA mostly only applies to Healthcare,  and insurance settings.

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2 minutes ago, HazletonEagle said:

Yeah most places have chosen the honor system.  But, again, HIPAA doesn't apply in those scenarios and it would be legal for them to ask. 

HIPAA mostly only applies to Healthcare,  and insurance settings.

https://www.webmd.com/vaccines/covid-19-vaccine/news/20210601/eeoc-says-employers-can-require-covid-19-vaccination Maybe not HIPAA then but as the article points out businesses can't require that you show a vac card as you read deeper into the article. Opens you up to legal action

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5 minutes ago, greend said:

https://www.webmd.com/vaccines/covid-19-vaccine/news/20210601/eeoc-says-employers-can-require-covid-19-vaccination Maybe not HIPAA then but as the article points out businesses can't require that you show a vac card as you read deeper into the article. Opens you up to legal action

This I dont get. You can ask if your gay, black, white, have aids, veteran, Hispanic, have any diseases etc etc but cant ask if your vacc'd. 

Especially if your a *PRIVATE* owner. (another issue I have with this country) 

Imagine the doorman at a club who touches hundreds of ID's a night not being vacc'd. A bartender.  

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5 hours ago, Cochis_Calhoun said:

Sonny Jurgensen is in the hall with a record of 69-71-7 and a post season record of 1-3. Dan Fouts career record was 86-84-1 and 3-4 in playoffs. Are they average QB's?

Compared to other HOF qbs yes.

Dan Fouts led the league in passing yards multiple times one of those times also leading the league in completion% he also led the league in a bunch of other passing categories more than once and was one of the least sacked qbs of his time.

Where as cousins has led the league in one passing category once, completion % while being 8th in YA and 27th in yards/ completion that year.

Cousins also led the league in sack yards one year.

Hes an average qb.

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37 minutes ago, HazletonEagle said:

Yeah most places have chosen the honor system.  But, again, HIPAA doesn't apply in those scenarios and it would be legal for them to ask. 

HIPAA mostly only applies to Healthcare,  and insurance settings.

...and academia.

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12 hours ago, LeanMeanGM said:

Stout let it slip at the end though that he actually does know some of the stuff that went on. I think in 5-10 years there will be some fascinating stories.

Of course he knows, I could think of about 10 better ways to ask a question.  He knew Stoutland wasn't going to respond to his question.  Why not ask him what changes he sees.  If Stoutland was going to do a podcast, I would want him to talk about o-line technique. 

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54 minutes ago, greend said:

As an employer you can't force people to show you their vaccination card

Absolutely an employer can make you disclose your status as to whether you're vaccinated unless it is otherwise prohibited by a state law.  I am not aware of any law that would prevent it in any state but I don't know every state.  I think disclosure is a different question than an adverse action.  I don't think anyone would be protected from an adverse employment action for a failure to get vaccinated unless they had a medical note or a sincerely held religious belief and even then they I think there's not much to prevent an employer from firing someone because they don't get vaccinated.  I think it would have to fall under someone having a religious objection that is a sincerely held belief.  In other words, they don't have any vaccines because of their religion.  Even then the employer can still fire them if they don't think they can accommodate them being unvaccinated.  If they have a medical reason, it has to be a medical condition that would otherwise require accommodations under the ADA. So it has to be a disabling condition.  It can't just be related to not wanting this particular vaccine.  

 

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55 minutes ago, Bacarty2 said:

This I dont get. You can ask if your gay, black, white, have aids, veteran, Hispanic, have any diseases etc etc but cant ask if your vacc'd. 

Especially if your a *PRIVATE* owner. (another issue I have with this country) 

Imagine the doorman at a club who touches hundreds of ID's a night not being vacc'd. A bartender.  

No, you can ask.  You can't ask about race, religion or sexual orientation.  You can ask about other things but can't discriminate based on it. 

 

 

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10 minutes ago, NCiggles said:

Absolutely an employer can make you disclose your status as to whether you're vaccinated unless it is otherwise prohibited by a state law.  I am not aware of any law that would prevent it in any state but I don't know every state.  I think disclosure is a different question than an adverse action.  I don't think anyone would be protected from an adverse employment action for a failure to get vaccinated unless they had a medical note or a sincerely held religious belief and even then they I think there's not much to prevent an employer from firing someone because they don't get vaccinated.  I think it would have to fall under someone having a religious objection that is a sincerely held belief.  In other words, they don't have any vaccines because of their religion.  Even then the employer can still fire them if they don't think they can accommodate them being unvaccinated.  If they have a medical reason, it has to be a medical condition that would otherwise require accommodations under the ADA. So it has to be a disabling condition.  It can't just be related to not wanting this particular vaccine.  

 

I know our attorney believes otherwise.

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8 hours ago, Allhaildawk said:

Yeah I posted either before the cut or before I saw it. Couldn’t they also bring him back during camp assuming nobody else claims him? 

If he clears waivers he'll go to IR and have to stay there all year, unless they come to an injury settlement and cut him off the roster completely, which they then can re-sign eventually if they want to.

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What jobs will do is give you perks for getting the vaccine. 
 

Here’s a bonus, maybe you don’t need to wear a mask when you come in, etc. 

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per nbc 5 
 

HIPAA governs doctors, hospitals, companies like that," said Matthew Kugler, associate professor of law at Northwestern University. "If your restaurant says, 'Hey, show me your medical record,' that's something they can say. You don't have to say 'yes,' like you can be like, 'No, screw you, I'll go elsewhere.' But it isn't a HIPAA problem for them to ask to see it. It's only a HIPAA problem if they break into your doctor's office and steal it."

So far, many big box stores are relying on an honor system for customers, asking that those who are unvaccinated continue masking, but some businesses are requiring those who wish to go maskless to show proof of vaccination. 

"In general, people are required to make reasonable accommodations for things," Kugler said. "So, that is why if you show up at a store and say, 'I want to go in,' and they say, 'Are you vaccinated?' and you say, 'No,' they're like, 'Oh here's your mask ' - that's a reasonable accommodation. I have difficulty seeing how asking someone to wear a mask would give grounds for a lawsuit."

The rules are similar when it comes to employers, but certain issues could arise when it comes to the Americans With Disabilities Act and anti-religious discrimination laws, Kugler said. 

According to December guidance from the Equal Employment Opportunity Commission, asking an employee to show proof of vaccination would not violate the ADA. Asking for reasons why someone isn't vaccinated could pose a problem, however. 

"Simply requesting proof of receipt of a COVID-19 vaccination is not likely to elicit information about a disability and, therefore, is not a disability-related inquiry," the commission states. "However, subsequent employer questions, such as asking why an individual did not receive a vaccination, may elicit information about a disability and would be subject to the pertinent ADA standard that they be 'job-related and consistent with business necessity.'"

The ADA, however, allows for an employer to have "a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”

 

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55 minutes ago, NCiggles said:

No, you can ask.  You can't ask about race, religion or sexual orientation.  You can ask about other things but can't discriminate based on it. 

 

 

you must have no filled out an application/sent your resume out recently

Every time you send it out your asked your race, veteran, medical issues and over under 40 years old

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25 minutes ago, WentzFan11 said:

What jobs will do is give you perks for getting the vaccine. 
 

Here’s a bonus, maybe you don’t need to wear a mask when you come in, etc. 

most business owners i've seen let you determine if you want to wear a mask, or they go by the state law. 

But yes, my company gave us off 2 days to go get the shot even though it was 15 minutes of my time

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5 minutes ago, Bacarty2 said:

you must have no filled out an application/sent your resume out recently

Every time you send it out your asked your race, veteran, medical issues and over under 40 years old

That's news to me.

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If you’re going to get off topic the only acceptable topics are... 

1. Food 

2. Diarrhea you get from food 

Right @hputenis

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As a employer , there is no need to ask some of these questions , I don’t hire anyone prior to a in person interview ,  some questions will be obvious . I will be honest , age matters plenty to me , and the line of work I do .

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6 minutes ago, Original Sin said:

As a employer , there is no need to ask some of these questions , I don’t hire anyone prior to a in person interview ,  some questions will be obvious . I will be honest , age matters plenty to me , and the line of work I do .

Long story short, my company is going through a hostile take over so I've had my ear out for other options and some of the questions are dumb. some I can see why there asking something crazy. Zero in person interviews yet though. 

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36 minutes ago, EaglePhan1986 said:

If you’re going to get off topic the only acceptable topics are... 

1. Food 

2. Diarrhea you get from food 

Right @hputenis

If this is the case, then the only acceptable food topic is Chipotle.

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1 hour ago, WentzFan11 said:

What jobs will do is give you perks for getting the vaccine. 
 

Here’s a bonus, maybe you don’t need to wear a mask when you come in, etc. 

Correct.   Wawa has already offering a one-time $750 pay out for new hires, as long as the vaccination is received by a specific date.    (I know because I see the Help Wanted sign in the window when I go in, and they list their benefits of working there.)

 

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17 minutes ago, LeanMeanGM said:

 

 

Surprised we still play the Jets in preseason when we play them in the regular season this year. 

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49 minutes ago, greend said:

I know our attorney believes otherwise.

Your company's attorney or a personal attorney?   I think he's just looking at your company, the business need for vaccines and the attitude of the employees towards vaccination.  There is some risk if you ask people and he might the risk isn't worth the ask.  There could also be some protection under PA state law that applies.  I don't think there's any issue asking.  I think the question is what you do with it.  

 

3 minutes ago, Bacarty2 said:

you must have no filled out an application/sent your resume out recently

Every time you send it out your asked your race, veteran, medical issues and over under 40 years old

So it's somewhat nuanced. Pre-employment data can be kept on race, ethnicity but they cannot keep it associated with your specific name. The EEOC does require some employers to track that kind of data.  You can also not answer those questions.  They can't ask about those things in an interview. Medical conditions can be asked if they would keep someone from doing a job.  You can ask about veteran status and age.  You can't discriminate based on those things in terms of hiring unless their medical condition, for example, keeps them from doing a job.  

 

17 minutes ago, WentzFan11 said:

What jobs will do is give you perks for getting the vaccine. 
 

Here’s a bonus, maybe you don’t need to wear a mask when you come in, etc. 

That's what my office currently does.  

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