Mandated Vaccines: Clearing Up COVID Confusion and HIPAA Misconceptions

The COVID-19 vaccination process has become widespread across the nation, with millions of people getting doses already. However, some confusion exists over the legality of COVID-19 vaccinations, vaccination passports, and more. Understanding what the law does and does not allow will help to make this process easier to understand and create a more transparent interaction for all involved.

Can Schools Require COVID-19 Vaccination?

State and federal laws are complex regarding this point, but the short answer to this question is yes, schools can require COVID-19 vaccinations. According to the U.S. Equal Employment Opportunity Commission, federal law would allow private employers to require employees to get vaccines. Religious and disability exemptions may apply here, but fear of the vaccine’s side effects wouldn’t be a viable reason to opt out.

That said, few schools have yet mandated vaccination for their teachers. Instead, they’ve strongly encouraged it and provide paid leave for teachers who get the vaccine. As for requiring vaccines for students, the law is less evident here. States have not mandated students get COVID-19 shots yet, but similar rules may apply if they do. For example, disability and religious exemptions may apply on a case-by-case basis.

Can Employers Mandate COVID-19 Vaccination?

About 84.2% of adults had contact with a healthcare professional in the last year. But that doesn’t necessarily mean that the majority of Americans are willing to be vaccinated. They might be, however, if they knew their jobs were on the line.

Yes, employers can mandate COVID-19 vaccinations even if federal and state laws do not. Private businesses can create whatever guidelines they want when hiring, as long as they are not discriminatory based on religion, gender, sexuality, and other concepts.

Is firing or choosing not to hire someone solely based on their vaccination status legal? If it is a job-related need, yes. For example, if they can prove that a vaccine is necessary because an employee is a healthcare worker, they can easily mandate this vaccination. However, ethical questions do occur if an employer hires or fires an employee based on their vaccination status alone. Most of the time, these decisions will include outside factors that affect an employee’s status. And no private employment guideline can overrule state or federal law, so if either passes anti-vaccination discrimination laws, this action may not be possible.

Can Airlines and Concert Venues Require Proof of Vaccination?

Although around 80% of people who become infected with COVID-19 recover without any special treatment, you’ll still need to receive the vaccine in order to protect yourself from new strains of the virus. What’s more, you may need to become vaccinated if you plan to travel or want to attend a concert in a post-COVID world.

Airlines, concert venues, and even restaurants and other private businesses are fully protected by law if they want to require vaccine passports for their customers. These passports would prove that an individual was vaccinated and would allow them to travel or enter a facility. Just think of how businesses may refuse entrance to someone who has a fever or shows other symptoms of COVID-19.

Such restrictions are allowed because businesses have the right to serve or refuse business to anyone based on their guidelines. These guidelines cannot break anti-discriminatory laws, such as forbidding someone’s entry simply because they are African American or because they’re a woman. However, these laws do not extend to vaccinations, meaning that private businesses can mandate vaccine passports before admittance.

Don’t HIPAA Protections Make Vaccination Inquiries Illegal?

According to HHS, there were 418 HIPAA breaches reported in 2019. But HIPAA is strictly for healthcare providers and stops them from sharing any personal medical information you give them. HIPAA does not cover businesses or other employers. In other words, they can ask about vaccinations and mask-wearing. However, you are not required to provide them with this information, though they can decide to serve you or not based on how you answer.

Unfortunately, there is little legal protection for individuals who refuse to give this information based on personal preference. Medical or religious exemptions for vaccination do not allow a person to refuse sharing information without any adverse effects. This scenario is likely to anger many individuals who either don’t want to get vaccinated or are private about their data.

As a result, it is essential to pay attention to the national news for any changing rules or regulations that may apply to this situation. Though it is unlikely that federal or state laws will require vaccination unless it is necessary, businesses can (and will) continue to decide whether they want to make vaccinations essential when servicing or hiring individuals.