EEOC Overturning Law?

[SomeSoldier]

ADA defines taking a temperature as a medical examination. And if information gathered during a medical examination is considered Personal Health Information (PHI), then therefore covered by HIPAA. How can an employer ask for it?

Well the Equal Employmemt Opportunity Committe said they could.

Can someone with a law degree please explain to me how a committee can overturn a law?

 

[Saltwater60]

Well you see they didn’t overturn the law it just got skirted like everything does. The laws still there they just went around it per say. If what you posted is true they can’t take your temperature unless it’s medical staff. Jobs can send you for medical screening as a condition of employment.

 

[SomeSoldier]

Well you see they didn’t overturn the law it just got skirted like everything does. The laws still there they just went around it per say. If what you posted is true they can’t take your temperature unless it’s medical staff. Jobs can send you for medical screening as a condition of employment.

The screen part I agree with. But the medical staff can only return a go or no go. They can't send your blood pressure or vitals.

 

[Celt]

It's funny you bring this up as this was just the topic of discussion yesterday at my job site. We do government contracts, and part of the requirements for working through the covid-19 pandemic was that they wanted us to take everybody's temperature that was working on our contract on a daily basis. My office refused to follow that protocol because nobody here is a trained medical professional. Instead, every worker that shows up on a daily basis has to fill out at covid-19 checklist & sign it. The agency we are working for sends out a covid-19 inspector to check all of our paperwork to ensure we are following all the protocols and guidelines.

Just yesterday we were talking about HIPAA laws and how these directives may actually be a violation of them. For anybody filling out any medical form, it should be covered under that, and turning these over to government agencies is definitely something I think is wrong.

 

[tirwin1]

The law itself is almost irrelevant. It is who interprets or enforces the law that really counts.

 

[SomeSoldier]

The law itself is almost irrelevant. It is who interprets or enforces the law that really counts.

So then laws don't really matter.

 

[tirwin1]

So then laws don't really matter.

If the system in place to interpret and enforce the laws becomes corrupt then yes - the actual laws don't matter. They will be interpreted to fit the politically correct or convenient narrative of the moment. I don't see how this could possibly be a controversial point, particularly for anyone on this forum that believes in the second amendment. It's quite clear what the second amendment says. Yet the people in charge of enforcing it (govt) have no problems applying other laws that infringe upon it and the people in charge of interpreting it (courts) have no problems ignoring or upholding these restrictions.

It's great that we have a second amendment in the constitution. That's only half the battle if the govt and courts don't abide by it.

 

[Defilade]

unreal for the 98% recoverable virus! All is in favor for the march towards tyrancy

 

[Cooolone]

Well... Simply put...

NY State is an "At Will" hire state, you can be hired, and fired, for any just reason. You as well, have the ability to be employed and or leave your employment at any time.

So, if you don't want to participate, you may withhold your labor. The employer then can make a decision to ignore your non-compliance with their "safety" policy, or act upon it.

Don't forget, OSHA general duty clause dictates that an employer , must provide protection for it's employees from know hazards where they exist. I think they'd use this as the driver that they need to protect "all" their employees as best they can and that a simple temperature check is non invasive or intrusive and a rudimentary temporary check. The question would need to exhibit that they're recording, storing and sharing this information with others. Taking a temp check at the door arbitrarily wouldn't fall under scrutiny in my opinion. And again, you can refuse to participate, as is your right!

 

[SomeSoldier]

Well... Simply put...

NY State is an "At Will" hire state, you can be hired, and fired, for any just reason. You as well, have the ability to be employed and or leave your employment at any time.

So, if you don't want to participate, you may withhold your labor. The employer then can make a decision to ignore your non-compliance with their "safety" policy, or act upon it.

Don't forget, OSHA general duty clause dictates that an employer , must provide protection for it's employees from know hazards where they exist. I think they'd use this as the driver that they need to protect "all" their employees as best they can and that a simple temperature check is non invasive or intrusive and a rudimentary temporary check. The question would need to exhibit that they're recording, storing and sharing this information with others. Taking a temp check at the door arbitrarily wouldn't fall under scrutiny in my opinion. And again, you can refuse to participate, as is your right!

Ok the flu kills just as many people, why does my place of employment not protect me from that virus?

 

[Saltwater60]

It's funny you bring this up as this was just the topic of discussion yesterday at my job site. We do government contracts, and part of the requirements for working through the covid-19 pandemic was that they wanted us to take everybody's temperature that was working on our contract on a daily basis. My office refused to follow that protocol because nobody here is a trained medical professional. Instead, every worker that shows up on a daily basis has to fill out at covid-19 checklist & sign it. The agency we are working for sends out a covid-19 inspector to check all of our paperwork to ensure we are following all the protocols and guidelines.

Just yesterday we were talking about HIPAA laws and how these directives may actually be a violation of them. For anybody filling out any medical form, it should be covered under that, and turning these over to government agencies is definitely something I think is wrong.

This is right in the reopening paperwork from the government of NYS. I just reviewed the paperwork today. I totally disagree with it. I think this is a test for what people will stand for.

 

[ArmedCorgi]

I think this is a test for what people will stand for.

This whole thing is a test for what people will stand for.

 

[Shadow2]

Your worried about getting your temperature taken? Far bigger privacy violations happening in this country. The over reach has no limits.

N.Y.P.D. to Remove DNA Profiles of Non-Criminals From Database (Published 2020)

The police say they will start expunging some of the 82,000 people in the database who have never been convicted of a crime.

www.nytimes.com

 

[Acer-m14]

Well... Simply put...

NY State is an "At Will" hire state, you can be hired, and fired, for any just reason. You as well, have the ability to be employed and or leave your employment at any time.

So, if you don't want to participate, you may withhold your labor. The employer then can make a decision to ignore your non-compliance with their "safety" policy, or act upon it.

Don't forget, OSHA general duty clause dictates that an employer , must provide protection for it's employees from know hazards where they exist. I think they'd use this as the driver that they need to protect "all" their employees as best they can and that a simple temperature check is non invasive or intrusive and a rudimentary temporary check. The question would need to exhibit that they're recording, storing and sharing this information with others. Taking a temp check at the door arbitrarily wouldn't fall under scrutiny in my opinion. And again, you can refuse to participate, as is your right!

does the company then need to provide the thermometer then if i'm required to take my temp before clocking in for work .. ?? and what type ??
heard anal ones are more accurate lol
does the company have to give me a mask every day or every 20 minutes since i touched this and that and adjusted my mask ..


i'm so done with this shit .. its pathetic watching the sheep ..

 

[Marine Cpl]

I don’t know if you’ll believe me or not but a union delegate at my job thought like many here. He was positive, felt sick but okay enough, and came to work. He infected quite a few at work and when management found out, he was ordered off the premises. He eventually infected his parents at home because it was just the flu according to him and took no precautions. They both died. He hasn’t been to work since. Other family members have disowned him.

When I get his full name, I’ll post it wherever I can. He killed his parents due to his arrogance. I have no sympathy towards him. Who knows who else he’s killed while riding the trains to and from work.

 

[SomeSoldier]

I don’t know if you’ll believe me or not but a union delegate at my job thought like many here. He was positive, felt sick but okay enough, and came to work. He infected quite a few at work and when management found out, he was ordered off the premises. He eventually infected his parents at home because it was just the flu according to him and took no precautions. They both died. He hasn’t been to work since. Other family members have disowned him.

When I get his full name, I’ll post it wherever I can. He killed his parents due to his arrogance. I have no sympathy towards him. Who knows who else he’s killed while riding the trains to and from work.

I have no use for his name and his guilt will haunt him for the rest of his life. No need for anything more.

If someone is feeling sick, as a person they should stay home its why they have sick time. I don't need my work to tell me to, I know when I should.

Also what about all those people who don't resent symptoms and still have it? Do we get to guilt trip them if they kill someone and how do we know when they do?

Why doesn't my work protect me from AIDS/HIV? People should be tested monthly before they can work. If found to have AIDS/HIV they should be segregated or work from home. AIDS/HIV has killed way more people, about 32 million. Yet they have protections from the gov to make sure I can't know and protect myself.

Its all BULLSHIT.

 

[pjzwtl]

Temp check with a temporal thermometer LOL about as useful as tossing a cement block to a drowning man.

 

[Bob]

Temp check with a temporal thermometer LOL about as useful as tossing a cement block to a drowning man.

Tell them that if they insist on doing it at all, it must be done properly. And then drop trou.

 

[Carlos Hathcock]

When was he experiencing symptoms, last November / December or March?

 

[prambo]

So then laws don't really matter.

Not any more...we are not a nation of laws...amply illustrated by...

1) massive and illegal lockdowns to a "meh" virus

2) massive rioting and looting done with few if any arrests

3) founding of a new "nation" in Seattle with no referendum

4) illegal firearms transfer to members of said illegal "nation" in Seattle

5) illegal use of Seattle public services, as supplied by mayor of Seattle, to another "nation"

6) illegal "standing down" of LE by elected officials so that destruction, looting, physical assault and other offenses can be committed without repercussions

7) rampant misuse of public funds by Democrat officials to support political activities such as sedition, treason and, dare one say it... "collusion"

This is now a nation of the lawless, the liar, the criminal, the Maoist, the cat lady, the gamma cuck, the mindless, the demagogue, the RINO, the gutless, the whiner, the 5th columnist, the collaborateur, the Manchurian Candidate, the sellout, the conman, the race-baiter, the anti-Semite, the misandrist, the lick-spittle, the foot washers, and the merely cowardly.

To grossly misquote and paraphrase Hunter S. Thompson - "When the going gets lawless, the lawful must turn pro."

 

[1075tech]

Temp check with a temporal thermometer LOL about as useful as tossing a cement block to a drowning man.

I went to the dentist the other day. They have to take your temperature before you go to the exam rooms. Non-contact thermal scanner. 92°. She said that can't be right. I assured her that I was still alive as I hadn't assumed room temperature yet. We had a laugh and I went in for the procedure

 

[MothMan]

EEOC says employers cannot require antibody testing for returning workers — USA TODAY

New guidance from the EEOC says businesses trying to reopen safely cannot require coronavirus antibody testing for employees returning to work.

apple.news

 

[Acer-m14]

Why doesn't my work protect me from AIDS/HIV? People should be tested monthly before they can work. If found to have AIDS/HIV they should be segregated or work from home. AIDS/HIV has killed way more people, about 32 million. Yet they have protections from the gov to make sure I can't know and protect myself.

you left out TB and hepatitis and crabs and herpes and syphilis.. ect ect ect ..

Its all BULLSHIT.

 

[Marine Cpl]

Why doesn't my work protect me from AIDS/HIV? People should be tested monthly before they can work.

You aren’t supposed to have sex at work. And if you go around barebacking every dude in your workplace, they aren’t responsible. That would be on you on what you do on your own time.

 

[Acer-m14]

do you know some are blood born pathogens .. you don't need to have sex to get it ..

 

[spat]

I don’t know if you’ll believe me or not but a union delegate at my job thought like many here. He was positive, felt sick but okay enough, and came to work. He infected quite a few at work and when management found out, he was ordered off the premises. He eventually infected his parents at home because it was just the flu according to him and took no precautions. They both died. He hasn’t been to work since. Other family members have disowned him.

When I get his full name, I’ll post it wherever I can. He killed his parents due to his arrogance. I have no sympathy towards him. Who knows who else he’s killed while riding the trains to and from work.

And if he'd done the same thing with the flu in 2018 it'd be different how ?

 

[Marine Cpl]

And if he'd done the same thing with the flu in 2018 it'd be different how ?

Parents would still be alive. Coworkers wouldn’t be on ventilators. I don’t know why I’m even wasting my time responding to you. Yes. It’s the exact same thing as the regular flu. Sure.

 

[spat]

Parents would still be alive. Coworkers wouldn’t be on ventilators. I don’t know why I’m even wasting my time responding to you. Yes. It’s the exact same thing as the regular flu. Sure.

80k people died from the flu in the US in 2018, why would you assume these people wouldn't be on that list ?

Sure covid is worse than the flu, but not much worse.

It's not even twice as bad.

 

[fresch]

If you haven't noticed laws are only for the law abiding people.

 

[pjzwtl]

80k people died from the flu in the US in 2018, why would you assume these people wouldn't be on that list ?

Sure covid is worse than the flu, but not much worse.

It's not even twice as bad.

Just FYI the CDC estimates flu deaths 80k was estimated from just over 5k reported and pneumonia is included in that count. I’m not a believer in the lockdown Or the usefulness of masks but the flu this isn’t.