Q: Can an employer withhold promotions or raises because an employee is not vaccinated for Covid-19?
My employer violated HIPAA laws by asking why employees didn’t want to get vaccinated. They are telling our general manager they will not give a raise or promotion unless an employee is vaccinated.
A:
Yes an employer can withhold promotions and raises, and even terminate an employee, who refuses to vaccinate against Covid-19. And it is not a HIPAA violation to ask an employee about why they do not want to vaccinate. HIPAA does not regulate employees, only health care providers and insurance companies. It is possible asking why an employee does not want to vaccinate could violate some employee's medical privacy rights but only if the reason is related to a medical condition that the employee wishes to remain confidential.
Good luck to you.
Maya L. Serkova and Brad S Kane agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
