Has employees hipaa rights been violated by management when they posting all names of employees who didn't get a flu shot?

Asked about 2 years ago - Johnstown, PA

I work at a personal care facility and after a recent out break of the flu all employees who didn't get a flu shot must now wear a face mask for the health of the residents. This is not the problem what is is the fact that names of all employees who didn't get the flu shot have been posted in the employees break room. Are they allowed to do this

Attorney answers (2)

  1. 2

    Lawyers agree

    Answered . This is a very common practice in large-scale medical facilities. My view is that a roster of who has yet to submit proof of shot (and is not yet excused from masking) is not unlawful, not a disclosure of any personal medical info, and fulfills a necessary business and patient-care related purpose. There are arguments to the contrary, of course, but someone has to make the call and determine the better position.

    Where facility employees are unionized, the union will usually make the objection and determine whether there is merit to pressing the issue.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Answered . Employer are allowed to do a great many things, but what you have described is on the questionable side of what is and is not legal. As a flu shot is a medical procedure, there is an argument that HIPAA medical privacy rights apply. However contrary to popular belief there are very limited personal enforcement rights under HIPAA. So, I recommend that you and other staff so affected meet with relevant management staff to work out how this situation should be addressed. First, the sign should come down. Second, if there is an issue of having management staff know who should or should not be wearing a mask, then there are less public ways of making that information known to those staff who need to have such information.

    You and other staff should consult with a labor law attorney in your community about this as soon as possible.

    This is not a substitute for a consultation with an attorney in your community with a background in health... more

Related Topics

Privacy law

Privacy law is typically associated with an individual's right to privacy and control over his or her likeness, but may also deal with corporate matters.

Employee rights

Employee rights in the United States include receiving legal and agreed-upon wages, working in physically safe conditions, and being free from harassment.

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