impacting on job opportunities, then employers will need to carry out a data protection impact assessment. Found insideasking people about their vaccination practices in the context of their health beliefs provides a wealth of I didn't start the VRG thinking that we would conduct interview studiesI am not trained in this type of research method. Vaccination status is a key factor in deciding whether to meet with someone indoors or outside, masked or unmasked, or even if you want to re-evaluate the relationship. For example, you are unlikely to be able to establish that requiring vaccination is a reasonable management instruction in an office or factory setting where other measures can be put in place to protect staff and customers and the current Government guidance emphasises that employers must continue to follow the 'working safely' measures . 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Multi-Million Dollar Settlement Reached in BIPA Litigation That Went New State Privacy Laws Impose Higher Restrictions on Processing Data Privacy & Cybersecurity Robinson Cole. 01454 292063 advertise@thehrdirector.com, Online No. The EEOC stated that employers may offer incentives to employees for voluntarily receiving a vaccine administered by the employer or its agent, as long as the incentive is not so substantial as to be coercive. Notably, the EEOC clarifies that incentives includes both rewards and penalties. You can also offer your own vaccination status first to segue the conversation into asking about theirs. Mandatory vaccinations and rights for Unionized Employees. }); Publication Practical Considerations for Reviewing Entertainment Agreements in M Companies Still Struggling with Implementing Backup Plans. Although vaccination for COVID-19 is not mandatory it may be required for certain jobs, or to attend a place of work, says Marie-Hlne Jett, head of the labour and employment law group for Langlois Lawyers in Montreal. Workers can check their vaccination records on My COVID Record - Ministry of Health (external link) Who or what is a PCBU - WorkSafe (external link) Asking candidates whether they are vaccinated during a job interview. Don't ask about a prospective worker's vaccination status. As more employers bring employees back to the workplace and navigate new CDC guidance on mask-wearing, they may have questions about whether they can ask about an employee or applicant's COVID-19 vaccination status. Considerations relevant to undue hardship can include, among other things, the proportion of employees in the workplace who already are partially or fully vaccinated against COVID-19 and the extent of employee contact with non-employees, whose vaccination status could be unknown or who may be ineligible for the vaccine. You should also maintain your employee's confidentiality. Before deciding whether to ask applicants about their vaccination status, employers should first consider why an applicant's vaccination status is relevant to the position or workplace. Employers may be able to set up on-site COVID-19 vaccination clinics late in 2021; by that time, the supply of vaccine will likely be adequate, and with lower rates of community infection, more workers are likely to be back on-site. If you're about to see someone you don't know well, like a date or a new friend, it's best to be direct. You could consider requesting employees not to ask each other about their vaccination status, with a failure to comply being treated as a disciplinary matter. A: "Typically, an employer cannot ask about any kind of medical-related information unless it is relevant to some aspect of the job or some benefit that the employee is getting. Implications of SECs Scrutiny of Data Use Representations, Cal/OSHA Postpones Discussion of Changes to COVID-19 ETS, Vermont PFAS Settlement For Over $30 Million Key Takeaways. Northwestern Mutual, another one of the largest life insurers, tells Fortune that while vaccination status is not a concern for the majority of its applicants, the company is asking for vaccine . Factset: FactSet Research Systems Inc.2018. 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A Shot in the Arm: Navigating the Evolving Federal Vaccine Corporate Transparency Act Expands Anti-Money Laundering Burden New Law Regulating Health Care Benefit Managers in Washington State. You can also explore possibilities for reasonable accommodation and decide whether a refusal to be vaccinated in a timely manner for a non-medical or non-religious reason should be ground for withdrawing the offer of employment. Found inside Page 39Respondents were asked about influenza vaccination in the past 12 months . Questions concerning use of Pap smears and hysterectomy status differed slightly on the National Health Interview Survey across the years for which data are
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