Category: Discrimination

What Are Reasonable Accommodations for Disabled Employees?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace.

Employers are required to make reasonable accommodations to allow employees with disabilities the ability to perform their job duties successfully. A disability is legally defined as having a physical or mental impairment, a record of a physical or mental impairment, or regarded as having a physical or mental impairment that substantially limits one or more bodily functions or major life activities.

The Americans with Disabilities Act (ADA) provides disabled persons federal civil rights protection from discrimination, and it provides equal opportunity for employment and requires employers to make reasonable accommodations for employees with disabilities in businesses with 15 or more employees.

Reasonable accommodations are changes to the job description, application process, or workplace for disabled individuals to apply for a position and the ability to perform essential job duties. Some examples of reasonable accommodations include:

  • Changes to the make the workplace more accessible, such as installing ramps and elevators and providing accessible bathroom facilities for employees who use a wheelchair or walker.
  • Altering or adding necessary equipment to allow a disabled employee to successfully perform their job duties, such as computer programs that convert text to speech for the blind and videophone communication for the deaf.
  • Modifications to the work schedule for the disabled and employees with chronic medical conditions to accommodate for medical appointments and the flexibility to complete work at alternate times or locations.
  • Reassigning a disabled employee to a more suitable open position, if qualified, should the employee’s disability prevent them from performing the duties in their current job.
  • Adjusting policies to allow service animals in the workplace.
  • Providing handicapped parking or providing a reserved parking space closer to the building for an employee unable to walk long distances.

Requesting Reasonable Accommodations

If you require an accommodation that is not already provided for your job, you must request one and you will need to disclose the nature of your disability. Making an ADA request for accommodation does not have to be in writing unless you prefer to do so, but you must inform your employer that you require an accommodation due to the medical condition.

Written requests are typically submitted to both your supervisor and the company’s Human Resources (HR) department and should include that you are requesting a reasonable accommodation under the ADA.

Following your request, your employer may choose to grant it or work together with you to find a suitable alternative. While employers are required to meet the needs of their employees, however, they may not be required to provide an employee’s first choice of accommodation. Keep in mind that employers may request medical documentation from your provider in cases of disabilities with no physical presentation.

Employers are not required to make reasonable accommodations if doing so would impose an undue hardship to the business’s operation and is determined on a case-by-case basis. Undue hardship may be applicable if the accommodation would require significant difficulty or expense in relation to the business size, available resources, and the type of business operation.

Unfair Accommodations

There are also certain items that are not considered reasonable accommodations that employers are not required to implement, such as:

  • Eliminate a primary responsibility of the job.
  • Lower standards of production that apply to all employees.
  • Provide personal items, such as hearing aids, eyeglasses, and the like.
  • Excuse violations of conduct rules that apply to all employees, such as violence or threats of violence, theft, or destruction of property, and is permitted to discipline a disabled employee the same as any other employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace

If you believe your employer has wrongfully denied your requests for a reasonable accommodation to allow you to successfully complete your job responsibilities, our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us today at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

What Are Reasonable Accommodations for Disabled Employees?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace.

Employers are required to make reasonable accommodations to allow employees with disabilities the ability to perform their job duties successfully. A disability is legally defined as having a physical or mental impairment, a record of a physical or mental impairment, or regarded as having a physical or mental impairment that substantially limits one or more bodily functions or major life activities.

The Americans with Disabilities Act (ADA) provides disabled persons federal civil rights protection from discrimination, and it provides equal opportunity for employment and requires employers to make reasonable accommodations for employees with disabilities in businesses with 15 or more employees.

Reasonable accommodations are changes to the job description, application process, or workplace for disabled individuals to apply for a position and the ability to perform essential job duties. Some examples of reasonable accommodations include:

  • Changes to the make the workplace more accessible, such as installing ramps and elevators and providing accessible bathroom facilities for employees who use a wheelchair or walker.
  • Altering or adding necessary equipment to allow a disabled employee to successfully perform their job duties, such as computer programs that convert text to speech for the blind and videophone communication for the deaf.
  • Modifications to the work schedule for the disabled and employees with chronic medical conditions to accommodate for medical appointments and the flexibility to complete work at alternate times or locations.
  • Reassigning a disabled employee to a more suitable open position, if qualified, should the employee’s disability prevent them from performing the duties in their current job.
  • Adjusting policies to allow service animals in the workplace.
  • Providing handicapped parking or providing a reserved parking space closer to the building for an employee unable to walk long distances.

Requesting Reasonable Accommodations

If you require an accommodation that is not already provided for your job, you must request one and you will need to disclose the nature of your disability. Making an ADA request for accommodation does not have to be in writing unless you prefer to do so, but you must inform your employer that you require an accommodation due to the medical condition.

Written requests are typically submitted to both your supervisor and the company’s Human Resources (HR) department and should include that you are requesting a reasonable accommodation under the ADA.

Following your request, your employer may choose to grant it or work together with you to find a suitable alternative. While employers are required to meet the needs of their employees, however, they may not be required to provide an employee’s first choice of accommodation. Keep in mind that employers may request medical documentation from your provider in cases of disabilities with no physical presentation.

Employers are not required to make reasonable accommodations if doing so would impose an undue hardship to the business’s operation and is determined on a case-by-case basis. Undue hardship may be applicable if the accommodation would require significant difficulty or expense in relation to the business size, available resources, and the type of business operation.

Unfair Accommodations

There are also certain items that are not considered reasonable accommodations that employers are not required to implement, such as:

  • Eliminate a primary responsibility of the job.
  • Lower standards of production that apply to all employees.
  • Provide personal items, such as hearing aids, eyeglasses, and the like.
  • Excuse violations of conduct rules that apply to all employees, such as violence or threats of violence, theft, or destruction of property, and is permitted to discipline a disabled employee the same as any other employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace

If you believe your employer has wrongfully denied your requests for a reasonable accommodation to allow you to successfully complete your job responsibilities, our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us today at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

Can a Company Forbid Dating in the Workplace?

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dating at workplace

Some employees find a romantic partner in the workplace. Employees already share a lot in common working in the same area and may have to collaborate on several projects. Yet, employers may not be very receptive to their employees dating one another. However, can they prevent employees from dating? The answer depends on the company and the policies it has in place. In some cases, employers will have workplace dating policies to avoid future liability should the romantic relationship dissolve and become contentious, possibility even leading to sexual harassment claims.

Some of the main reasons that your employees may object to you dating in the workplace include:

  • Efficiency can fall when employees focus on pursuing one another rather than the tasks at hand, along with coworkers being distracted by the ongoing courtship.
  • Protection issues could arise if the relationship becomes turbulent.
  • Sexual favoritism could be an issue if one of the employees is in a management position or power of authority.
  • Sexual harassment claims could arise if one of the partners is in a supervisory position.
  • Damage to reputation can occur, particularly between a supervisor and a subordinate.

Having a Safe Work Environment

Title IV of the Civil Rights Act of 1964 safeguards employees from discrimination based on race, color, national origin, religion and/or sex. Employers need to provide a safe and discrimination-free environment, which also means that favoritism could be misconstrued as discrimination. Extreme sexual favoritism in the workplace can also lead to a hostile work environment.

It should be noted that the Equal Employment Opportunity Commission (EEOC) states that workplace relationships could be viewed as sexual favoritism and defines the limits between what is allowed and what is prohibited. The type of sexual favoritism they are referring to occurs when there is a sexual or romantic relationship between two employees with the courtship benefiting the partners in the romance, while also adversely affecting a third party’s employment. The EEOC states that favoritism could cultivate a hostile work environment.

Employers should have clear policies on dating in the workplace and have appropriate rules for reporting violations. Employers can also restrict this type of sexual favoritism on the job by enforcing rules that restrict dating between supervisors and their subordinates. If an employee feels that they are in a hostile work environment due to extreme sexual favoritism, they may have legal options available to them.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You if You Are Working in a Hostile Work Environment

If your employer is not abiding by policies and you feel you are in a hostile work environment due to sexual favoritism, our knowledgeable Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Discrimination
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What Tips Should Business Owners Know for the Holidays?

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business owners

The holidays are here, and this time of year is busy for everyone. If you own a business, you should be aware of potential holiday-related legal issues. The holiday season is a great time to make profits, but you may see possible legal problems arise as well. The following tips will help your business stay profitable and in legal compliance during the holidays.

Track Inventory

Track inventory, as last year’s sales could provide an outline on what will sell during the holidays. Know your customers, and make sure that your shelves are stocked with products.

Make Necessary Updates

Businesses should utilize an array of current and advanced platforms that will help with handling tasks, like accounting, billing, collecting customer data, and presenting and automating business transactions. There are several apps on the market to keep track of sales, purchases, and receipts.

Formulate a Holiday Strategy

Utilize emails and social media to discuss holiday sales. Consider employing an ad campaign to promote your businesses products and services. Ad campaigns and promotions should also be utilized on major search engines.

Record customer data to make them aware of future sales and promotions. Employ a campaign that offers a discount in exchange for an email address to develop an email list.

Maintain Your Momentum

A successful holiday season can help impact your sales all year. Being organized and recording analytics relating to your customers can help you retarget them in future ad campaigns. Being organized will also help you avoid business litigation and other issues.

What Are Potential Holiday Legal Issues?

Important legal issues that business owners should be aware of during the holiday season include:

  • Fraud: You can employ several strategies to mitigate return fraud by not offering cash refunds for purchases, not accepting returns of online purchases in-store, and restricting your return period to avert items being returned weeks or months after purchase.
  • Discrimination: Title VII of the Civil Rights Act of 1964 requires employers to reasonably accommodate an employee’s religious practices. To avoid potential discrimination, employers who give workers time off for one religious holiday should allow other employees who practice a different faith time off for their religious holidays as well.
  • Unpaid wages: The holiday season is a busy time, and some employers may not pay their workers for overtime. Make sure you are keeping track of everything and complying with overtime laws.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Make Sure That You Are in Legal Compliance This Holiday Season

If you have any holiday-related legal concerns at your business that you wish to address, our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. can help. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and Pennsylvania.

How Are Deaf Applicants Discriminated Against by Employers?

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deaf discrimination employers

When a person who is deaf looks for a job, they may encounter employment discrimination. Discrimination may be done overtly or subtly by prospective employers. Often, discrimination occurs due to prejudices or because the employer does not fully understand deafness and hearing loss. For example, an employer may mistakenly think that a deaf employee will need an interpreter all the time.

Some deaf applicants will omit their disability on their resume. People who are deaf or have hearing loss often utilize a personal relay phone number on their resume. Employers would not know that the applicant is deaf or hard of hearing until they call the phone number.

If you feel that you have been discriminated against because you are deaf or have hearing loss, then the best course of action is to document everything. Proper documentation is paramount to winning a potential legal battle. For example, if you utilize a relay phone call to your potential employer and they state that they do not hire people who are disabled, document the incident.

What Should I Do if I Experienced Discrimination Due to My Disability?

If you have experienced discrimination while applying for a job, it could be a violation of the Americans with Disabilities Act (ADA). The ADA states that a job applicant is considered qualified if the person can do the necessary functions of the job with or without reasonable accommodations. One reasonable accommodation may include an interpreter for important staff meetings.

The Equal Employment Opportunity Commission (EEOC) is responsible for protecting your rights in the job search, along with your rights while you are employed. While you may want to file a discrimination lawsuit immediately, the EEOC mandates that you have to file a complaint before you can file a lawsuit. You have 180 days to file from the day the discrimination happened, including holidays and weekends.

Filing With the EEOC

There are three different methods that you can file an employment discrimination complaint with the EEOC. You can do so in person, by phone, or through the mail. If you choose to do so in person, then go to an EEOC field office. Since each office has its own procedures, the EEOC states that you should contact the field office in advance. To start a charge of discrimination by phone, you can call the EEOC and provide them your information, but you still must file the charge.

To file by mail, you can mail the EEOC a signed letter that has all the details. The EEOC may contact you for more information, or the EEOC may put all the information you sent on an official charge form and ask for your signature. You may consult and hire a lawyer to represent you through the EEOC process, which can be very helpful.

Mediation and Investigation

The EEOC could ask you to go through mediation. If that fails, a charge of discrimination will go to an investigator. When the EEOC investigator decides that there are grounds for a discrimination case, they will try to settle with the employer. If a settlement is not achieved, the EEOC will decide whether to file a lawsuit against the employer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Who Have Experienced Deaf Discrimination

Being deaf should not put you in a position where you are not qualified for employment. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can listen to your discrimination case and advise you on how to proceed. Call us at 215-574-0600 or complete our online form for an initial consultation. We are located in Philadelphia, and we serve clients throughout Pennsylvania and New Jersey.

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How can I Avoid Legal Issues When Firing Employees?

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Philadelphia Business Lawyers

An employer cannot terminate a worker for unjust reasons. That type of termination is unlawful, and some examples of wrongful termination include:

  • Whistleblowing.
  • Complaints about violations of employee rights.
  • Testifying against the company or another employee in legal suits.
  • Participating in lawful union activities.
  • Filing claims for Workers’ Compensation or charges of unfair labor practices.
  • Wage garnishments in order to pay debts.

Employers cannot fire an employee in a manner that violates federal or state laws. As an employer, understanding both state and federal laws regarding employee termination will help you avoid a wrongful termination suit. Anyone in your company who is in a position to make termination decisions should have an idea of state and federal laws so they can avoid firing someone in an unjust manner.

For example you cannot fire an employee through retaliation, and you cannot violate state and federal discrimination laws, employment agreements, and you must be in accordance with the Family and Medical Leave Act (FMLA).

When can I Fire an Employee?

You can fire an employee for numerous reasons, and some of the most common include:

  • Incompetence
  • Repeated unexcused absences or tardiness
  • Sexual harassment
  • Verbal abuse
  • Physical violence
  • Falsification of records
  • Theft

It is important to note that an employer has the right to fire an employee for any legal reason. At-will employment laws differ from state to state, however, the laws are usually similar.

Keep Employee Performance Documents

Running a business involves many decisions, and those include hiring and firing employees. Often, these decisions are made due to performance issues, and a great way to minimize legal issues is to document how that employee performs.

Documentation should provide detailed information of incidents and any employee write-ups for disciplinary issues. Also, customer complaints and time cards can help give you the credence that you need when it comes to justifiably firing an employee.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employers Fending Off a Wrongful Termination Suit

When you own a company, the prospect that you will one day have a disgruntled employee is high. In this case, you will need our skilled Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. to help you build a case. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

How can Work-From-Home Employees be Protected Against Discrimination?

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Employee working from home

Now that many COVID-19 restrictions have eased, many employees are back to work in the office. However, some personnel remain reluctant to do so for a litany of reasons. In the next few years, it is predicted that a plethora of discrimination claims will be filed by employees who feel they have been neglected for promotion due to working remotely.

There are various reasons why personnel want to work remotely. The ability to work remotely has benefited some employees, specifically older workers, those who have disabilities, and women who are pregnant and have childcare responsibilities. However, some employees may feel that they are discriminated against because they are working from home.

Indirect discrimination occurs when a provision, criterion, or exercise puts a collection of employees who share a common trait at an unjust disadvantage. Therefore, if employers promote or provide more opportunities to office-based employees, there is a threat of discrimination claims filed by remote workers.

What are the Rights of Remote Employees?

Work-from-home employees are permitted certain rights. Their employer should provide guidelines and procedures for remote work. It is essential that companies outline rules around who is eligible to work at home and within the office, along with what is expected of them.

Remote employees should be able to utilize technology within reason. In certain conditions, an employee should be able to use their laptop, an additional monitor, headset, or another type of device as long as it is for work and it is approved. Also, businesses should allow employees a choice to use a personal or company-owned laptop.

Employees obtain training in order to be able to do their work. Companies should still provide ongoing training to employees. Remote workers are often at a disadvantage of being ignored by their employers when it comes to receiving proper feedback and guidance. At-home workers should also be afforded suitable and effective technical support, and they might be given a stipend to purchase needed items if necessary.

Our Philadelphia Employment Law Attorneys at Sidkoff, Pincus & Green P.C. Protect the Rights of Work-From-Home Employees

Regardless of whether you work from home or in the office, you have rights, and you should understand them. If you believe that you have been passed over for a promotion or another job-related opportunity because you work from home, our skilled employment law attorneys in Philadelphia can help. For more information and to schedule an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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National Coffeehouse Chain Reaches Settlement Over Racial Bias in Promotions

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Coffeehouse Racial Bias

In March 2021, Starbucks entered into a voluntary agreement with the Equal Employment Opportunity Commission (EEOC) over accusations of racial bias in the promotion of employees. While there were no singular cases or incidents pointing to this accusation, the company did submit a new plan for promoting internally. The standardized methods will mandate managers to follow company procedures in the hiring of new employees and the promotion of existing ones. Workers must apply to open positions, internally or externally, to be considered for roles.

Starbucks has been embroiled in race-related controversy before. In 2020, employees raised concerns over censorship of allowed messages with their uniform. The corporation has acknowledged past failures and claims they will strive to do better, including the revision of hiring practices to promote company-wide diversity.

What can Constitute as Bias in Hiring and Employment?

Federal law says employers are not allowed to discriminate against employees or job applicants based on:

  • Race
  • Color
  • Religion
  • Gender or gender identity
  • Sexual orientation
  • Pregnancy status
  • National origin
  • Age
  • Disability

The primary concern in the Starbucks complaint is the implicit bias often linked to informal hiring practices. While some workers will inevitably stand out for superior work performance, oftentimes, offering a new hire or moving an existing employee up the ladder can require a judgement call.

To mitigate this implicit bias, Starbucks has taken away much of that autonomy and will now regulate and track application data and promotional opportunities, establish new training and interview guides for hiring managers, who will be encouraged to make merit-based and equity-based decisions in their process. The company does have more diversity at the retail level compared to the corporate level.

How are Bias Allegations Handled?

The EEOC tries to keep current and prospective employees from experiencing bias by offering preventative measures, including educational programs, employer outreach programs, and technical assistance. The commission operates 53 field offices across the United States.

Despite all the resources available and the established laws, there are still instances where job applicants and employed workers feel they are being discriminated. The EEOC will cover most companies with 15 or more employees, 20 or more in the case of age discrimination, along with unions and employment agencies. They handle claims involving:

  • Hiring
  • Firing
  • Promotion
  • Harassment
  • Training
  • Wages
  • Benefits

A worker bringing a claim to the EEOC can expect the commission to investigate the claim fairly and accurately. The commission will make a finding and attempt to resolve if discrimination has occurred. In some cases, the EEOC will file a lawsuit if the issue is not corrected, the actions are particularly egregious, or if there is a wider concern that affects more employees beyond the company in question. To strengthen a claim, a discriminated worker should speak to a lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers with Discrimination Cases

Despite state and federal laws, many employees continue to experience discrimination at work. If you need help with your discrimination case, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you get the relief you deserve. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Why Do Many Successful Asian Americans Face Workplace Discrimination?

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Asian Americans Workplace Discrimination

Asian Americans are among the best-educated per capita of any racial or ethnic demographic in the United States. That is especially true in the tech industry, where Asian Americans generally do well in finding and holding jobs but are disproportionately overlooked.

Due to Coronavirus (COVID-19) reportedly originating from China, the Asian Americans and Pacific Islander (AAPI) community has been targeted by more than 3,000 hate crimes since the beginning of the pandemic, according to the group Stop AAPI Hate. That is a great rise in hate crimes targeting the AAPI community since the outbreak of the global pandemic. The sudden rise in violence targeting members of the AAPI community outside of the workplace suggests that they also experience frequent discrimination in the workplace.

Studies Affirm Qualified AAPI Candidates Mostly Overlooked

A 2013 study compiled by the Equal Employment Opportunity Commission (EEOC) showed it is nearly four times harder for AAPI employees to achieve managerial positions, despite being fully qualified for internal promotions. U.S. citizens identifying as AAPI comprise about 5.6 percent of the nation’s population, but they account for 12 percent of its licensed professionals.

Additionally, AAPI students comprise more than 10 percent of the annual graduation classes at the top 30 law schools across the nation. However, those same graduates have the highest attrition rate and smallest ratio of partners-to-associates when compared to all other racial and ethnic groups.

Making matters worse is the impression that Asian Americans are generally highly successful and do not need governmental programs. The AAPI community consistently is left out of affirmative action hiring and admissions due to the perceived success in both.

Closer scrutiny reveals that AAPI members generally obtain jobs at relatively high rates when compared to other demographics. However, when it comes to long-term success and the ability to earn promotion to leadership levels, opportunities for AAPI members mostly do not exist. The EEOC says that this is a sign of workplace discrimination.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Fight Against Workplace Discrimination

Hate crimes targeting members of the AAPI community are rising rapidly, while advancement opportunities are more difficult to obtain due to discrimination. When discrimination arises in the workplace, our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you. For more information and an initial consultation about your case, call us at 215-574-0600 or complete our online form. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Can Employers Incentivize Vaccinations?

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Employers Incentivize Vaccinations

With a national push to get people vaccinated against the Coronavirus (COVID-19), the issue of personal privacy regarding health care is becoming more prominent. That is especially true in states in which vaccination rates are lagging. However, the federal government recently updated guidelines to help clarify workers’ rights to information regarding COVID-19 vaccinations and whether or not they can be fired for not getting vaccinated.

The Equal Employment Opportunity Commission (EEOC) updated guidelines that affirm employers have a legitimate interest in encouraging all workers to get vaccinated against COVID-19. The need to maintain a safe and healthful workplace generally outweighs individual privacy rights, but medical privacy is especially difficult to overcome.

Rather than deny employers the right to demand vaccination among all workers, the EEOC says employers can encourage workers to obtain vaccinations and share the results. The way in which job providers go about encouraging workers to do so makes a big difference between legal efforts and violating workers’ rights.

Incentives Instead of Coercion

Job providers can encourage workers to obtain vaccinations and share the knowledge of their successful vaccinations with them. The EEOC says workplace incentives are ideal tools for legally encouraging workers to get vaccinated and announce it to coworkers and others. Incentives also are fully legal to encourage virtually all workers to get vaccinated against COVID-19. Incentives could be financial in nature and generally reward vaccinated workers.

While incentives are acceptable, the EEOC says coercion is strictly prohibited. Incentives essentially enable a worker to choose to participate, whereas coercion forces a worker to participate in violation of federal laws protecting health care privacy.

Coercion essentially tells a worker that unless they get vaccinated, consequences could occur. Those consequences could result in changes in job duties, work hours, or even result in a loss of employment. Coercion instills a sense of fear and could easily trigger a violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and Title VII of the Civil Rights Act of 1964.

Vaccination Information Must be Kept Private

When job provides invoke a legal incentives program to encourage workers to become fully vaccinated and share the results, the employer must keep the information private. Although the worker might choose to get vaccinated and share that information with their employer, the employer still has to protect the worker’s private health care information per the ADA.

Many job providers also are offering at-work vaccinations. Many vaccinations require individuals to provide detailed information about their health. That information must be protected, especially if the job provider is the one making it possible for vaccinations to occur while on the job. If a worker feels they are being targeted or discriminated against for not getting vaccinated or because of another issue, they are encouraged to speak to a lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Understand Their Privacy and Health Care Rights

If you are being coerced into obtaining a full vaccination against COVID-19, our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can protect your rights. Contact us online or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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