Time: 1 pm eastern
Run Time: 90 minutes including Q & A session
Leader: Dr. Jim Castagnera, Attorney at Law
Credits: Awarded 1.5 credit hours by HRCI and 1.5 PDCs by SHRM
Price: Webinar $295; Webinar + Download $349 (Share the download with your colleagues)
Audience: HR, benefits, finance, managers and supervisors, CEOs, in-house counsel
With certain notable exceptions, private and public employers may require employees to be vaccinated against COVID and to show proof of vaccination. If employers aren’t careful, however, vaccination mandates, as well as how much proof and the type of proof they demand, can wind them up in “hot water” when it comes to compliance with federal and state anti-discrimination compliance requirements. There is confusion about how the ADA and other federal anti-discrimination requirements, as well as state requirements, affect an employer’s right to require vaccination and/or proof of vaccination, and how, for example, HIPAA does or does not come into play. Likewise, asking for too much information or for the wrong type of information may expose an employer to claims of discrimination under the ADA and other federal statutes. Please join Dr. Jim Castagnera, attorney at law, as he discusses federal and state requirements concerning employer COVID mandates and verification compliance requirements and explains how to avoid claims of discrimination by potentially exempt from vaccination employees while still collecting the important information you and your workforce require in order to fulfill your OSHA duty of care obligations.
During this important webinar Dr. Castagnera will be discussing:
- The employee’s federal right to privacy and exemption from vaccination under the ADA, ADEA, GINA, HIPAA, and Title VII of the 1964 Civil Rights Act
- The impact of President Biden’s September 9 executive orders, and the current and anticipated implementing standards, guidelines and regulations
- Vaccination mandates, vaccination passports, and related issues associated with leading state statutes and executive orders
- The EEOC position on requiring vaccination and/or proof of vaccination
- Avoiding claims of discrimination by not asking for more information than is necessary to verify that an employee is vaccinated
- Dealing with exceptions to an employer vaccination mandate for reasons relating to health or religion
- Requiring new employees and job applicants to provide proof of vaccination
- Protecting weekly testing results for exempt-from-vaccination employees and employees who refuse to be vaccinated
- Documenting an employee’s refusal to be vaccinated and the possibility of disciplinary action
- Protecting the confidentiality of the vaccination information you receive and the EEOC’s requirement to treat such information as medical information
- What types of employers are subject to HIPAA privacy requirements? Understanding if the vaccination information you receive qualifies as protected health information (PHI) under HIPAA
- Can an employer request proof of vaccination from an employee’s physician?
- Keeping your vaccination policies current
Jim Castagnera holds an M.A. in journalism from Kent State University, and a J.D. and Ph.D. (American studies) from Case Western Reserve University. He worked 10 years as a labor, employment, and intellectual-property attorney with Saul Ewing Arnstein & Lehr and 23 years as associate provost & legal counsel for academic affairs at Rider University, where in 2018 he received the university’s highest annual award for distinguished service. He also did stints as a full-time law professor at UT-Austin and Widener University Law School.
Having retired from Rider in 2019, he is engaged in a portfolio of activities: member and chief consultant of Holland Media Services LLC, a communications and training company with offices in Philadelphia and Los Angeles; member of Portum Group International LLC, a cyber security & privacy consulting firm in Philadelphia; of counsel to Washington International Business Counsel; adjunct professor of Law in the Kline School of Law at Drexel University and an arbitrator in the United states District Court for Eastern Pennsylvania.