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Vikes Coach Fired for Refusing Vax

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madinsomniac

Well-known member
This guy should sue immediately.

While employment is “at will” demanding to know private medical information is still covered by hippa… its the only reason why my company hasn’t demanded to know who is vaccinated or not
 

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SteelBuckeye

Well-known member
Would be an interesting lawsuit. Personal right to keep medical information private versus an employer's right to provide as safe a workplace as possible.
According to the article Tape provided, the government has issued guidance (their opinion) on the matter.

"In May, the Equal Employment Opportunity Commission updated its guidelines to state that U.S. employers could require workers who physically enter a workplace to be vaccinated against COVID-19."

While the guidelines of a federal agency don't carry the weight of an actual law, courts have traditionally supported those guidelines when they are a matter of health and safety.
 

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Drink IRON City

Contributor whining about a tag
The odd part is why the vaccine confrontation. The Vikings management could have found many reasons to fire him with no incident of vaccination. I'm just giving an employer's prospective.

Right or wrong the NFL is protecting their cash cow games. .



Salute the nation
 

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SteelBuckeye

Well-known member
interesting or needless
Interesting because the precedent has already been established. Employers can not commit a HIPAA violation unless they are also a covered entity like a hospital or insurance provider. Employers can also require the disclosure of some types of information and/or require some vaccinations under the umbrella of health and safety.

However, should a lawsuit regarding this type of situation even reach the Supreme Court, there's no guarantee, given the makeup of the current Court, that precedent would hold. A more conservative Court might strike down some or all of the previous precedent in favor of an individual's right to privacy.

So, Bleeder, would such a lawsuit be needless?
 

madinsomniac

Well-known member
Hippa doesn't relate to this situation at all. This was brought up at my work as well. They CAN require vaccination, they can also require you to show proof because it involves the health and safety of the other employees.
Perhaps, but we are talking about a non fda approved emergency treatment… the legal department at my fortune 500 parent company told our management that if they tried to require it they could get sued and they almost certainly would be liable for long term effects from the treatment, so instead they bribed everyone with a bonus if you volunteered…
 
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insaniti

Well-known member
Perhaps, but we are talking about a non fda approved emergency treatment… the legal department at my fortune 500 parent company told our management that if they tried to require it they could get sued and they almost certainly would be liable for long term effects from the treatment, so instead they bribed everyone with a bonus if you volunteered…
My work went with the honor policy. They ask that you let them know if you got the vaccine, and when the doses were, and you don't have to wear a mask. But if they see you without a mask they aren't going to ask you if you're vaccinated.

Pretty much no one wears the mask anymore, no breakouts of covid, and I know most aren't vaccinated.

But there was a lengthy discussion from our safety team after they talked to the legal dept
 

Ike Kelly

P-38L Fan
Yep. Get a good attorney who specializes in HIPAA and sue the shit out of them. Especially it being an experimental vaccine with no FDA approval.

Perhaps, but we are talking about a non fda approved emergency treatment… the legal department at my fortune 500 parent company told our management that if they tried to require it they could get sued and they almost certainly would be liable for long term effects from the treatment, so instead they bribed everyone with a bonus if you volunteered…

FDA has approved Veklury (remdesivir intravenous formula) for COVID treatment. The FDA approved Moderna and Phizer for EUA distribution in the US as directed by the Department of Heath and Human Services.

Insaniti‘s comment is pretty accurate as an employer can have worker health and safety regulations. They can also have their group medical insurance plans incentivize vaccination as an employer out break will drive up the medical premiums for their employees.

As for legal precedent, thats territory which was approached when children polio/measles/pox vaccinations were introduced as mandatory for schools. I don’t think the SCOTUS will want to bring that argument back. Which brings me to my question, I respect anyone who declines getting vaxed for COVID, but how is it any different than getting vaccinated for Polio, Measles, Hep A/B, etc?
 

FordFairLane

Well-known member
My company is the 205th ranked out of the fortune 500. Decent sized company. They had their legal team look into this. They don’t ask we don’t tell was their understanding of HIPAA. Meaning them asking is a violation and us gloating or exulting could be a violation as well. Because if you talk about it and someone doesn’t join in then you’d have a good assumption if they’re vaccinated or not. I’m going to trust them and the millions they spent on legal advice.
 

madinsomniac

Well-known member
My company is the 205th ranked out of the fortune 500. Decent sized company. They had their legal team look into this. They don’t ask we don’t tell was their understanding of HIPAA. Meaning them asking is a violation and us gloating or exulting could be a violation as well. Because if you talk about it and someone doesn’t join in then you’d have a good assumption if they’re vaccinated or not. I’m going to trust them and the millions they spent on legal advice.
Exactly… when they had their last meeting with the management of the division our company is in, the way high ups basically said they were waiting for legislation to pass to protect them from lawsuits… my gm said they told the rest of management to expect that later this year… and that it would be mandatory as soon as their asses are covered… i am paraphrasing, but thats where its at…

there are already several class actions out against hospitals that mandated it… nobody has sued over getting it and having complications from it to date… but barely anyone has tried to mandate it …
 

madinsomniac

Well-known member
There is a voluntary program where they pay a bonus for proof of vaccines and you are on a list of people who no longer have to follow mask protocols on site… but thats volunteered information
 

F83

Well-known member
they better stick to this ravens trainer and I believe one of the titans staff gave the many players covid we should have gotten forfeit wins and had we Haden doesn't perhaps get covid.
I hope our vets and young players know the importance of a win or bust year for the franchise and limit contact with the public, even teammates on off days.
Early rumor Deandre threatening to retire if this rule will be ironclad in writing, hoping more of the country gets the vaccine, and with the hell hole that is happening by morons in Florida that could really impact the Bucs jags fins, Cali 2 teams there as well.
Just stop protesting or resting and get the vaccine for fucks sake.
CLV Cincy less than 50% fully vaccinated could cause forfits I hope so inept staff on CLV we know from last year could F CLV chance at there best shot a div title since before they moved to MD
 

insaniti

Well-known member
My company is the 205th ranked out of the fortune 500. Decent sized company. They had their legal team look into this. They don’t ask we don’t tell was their understanding of HIPAA. Meaning them asking is a violation and us gloating or exulting could be a violation as well. Because if you talk about it and someone doesn’t join in then you’d have a good assumption if they’re vaccinated or not. I’m going to trust them and the millions they spent on legal advice.
Hippa relates to medical records of an individual. Vaccinations are not medical records. Your work can't ask if you've had a certain surgery. I work in the steel industry, they can ask me if my tetanus is up to date.

Covid vaccinations fall under this category. A lot of people have a misunderstanding of what falls under hipaa
 

Ike Kelly

P-38L Fan
There is a voluntary program where they pay a bonus for proof of vaccines and you are on a list of people who no longer have to follow mask protocols on site… but thats volunteered information
This follows incentivized requests to be vaccinated. It’s the individual choice. If the Employer implements such a program, it is primarily at the behest of their group medical plan carrier to keep costs down. Plus the employer and employees wouldn’t want costs to go up as it would increase premiums for both. With COVID being a bio hazard, an employer can engage in worksite health and safety protocols. Just like if a person gets the flu, chicken pox, etc. they don't want people who has it in the building until they are no longer able to spread it. HIPAA isn’t violated at all. However, an adult’s ability to be a responsible civilian in the society they live in could be. As the infectious diseases professionals are saying, “follow the science”.

Note that medical insurance carriers were required by the feds to cover all COVID treatment/hospitalizations regardless. In some cases at no cost to the patient. Insurance carriers were fitting the bills for the first several months of the out break.
 

tapeANaspirin2it

Well-known member
it's not about hipaa. It's about whether you can be forced to take a medication. shocking how many people are OK with that proposition.

Can they mandate that you take the flu vax each year? Why not?
 

slashsteel

Well-known member
it's not about hipaa. It's about whether you can be forced to take a medication. shocking how many people are OK with that proposition.

Can they mandate that you take the flu vax each year? Why not?
I can really understand both sides of the coin. This country is trying hard to implement communist ideals. They also can and will do whatever is necessary to protect their own or appear to do that. Depending on what is believed they could have been trying to thin the herd to begin with. That biochemical weapon had US roots. Which some people tend to forget. These people need to stop screwing with the evil shit in the lab. I think the old reliable flu comparisons are just bad comparisons. The flu wasn't manufactured to be a killing weapon as such Covid has acted very unpredictable morphing into deadly strands not that 19 was a pushover. Off the top of my head I don't remember the flu wiping out whole families. Covid has the capability to be even deadlier than what is on the table. Mass vaccinations are somewhat helping reduce the end result. So far. Let us see what winter brings. I am not in the forcing people camp. At the same time in some extreme situations they have to take extreme approaches. I don't know if that should be here and now. But the NFL money train will not be denied. Choo choo.
 

Confluence

Well-known member
maybe some players will protest the unfair firing/treatment of coaches that have strong personal beliefs...... to show solidarity with individual rights, they could take a knee or something
 

troymania

Active member
it's not about hipaa. It's about whether you can be forced to take a medication. shocking how many people are OK with that proposition.

Can they mandate that you take the flu vax each year? Why not?
I worked in a hospital pharmacy. The flu vaccine was mandatory. You wore a sticker on your name badge to alert people that you were vaccinated. The few who had medical reasons wore masks from November through March.
 
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insaniti

Well-known member
it's not about hipaa. It's about whether you can be forced to take a medication. shocking how many people are OK with that proposition.

Can they mandate that you take the flu vax each year? Why not?
This is something that has been going on for much longer than covid has been around. Health care workers, teachers, and many other professions are required to have these vaccinations to maintain employment.

Weed is now legal in NY, but employers can still say you can't have it in your system of you want to keep your job.

It is their company, they make the rules for employment. If you don't like it, find another job. This isn't something earth shattering or new...it's just a big deal because it's covid related.
 

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