Sidney Gold of Sidney L. Gold & Associates, P.C. was featured on NBC 10 on May 17, 2021 to discuss how area businesses are implementing varying mask policies. The Center for Disease Control (CDC) recently dropped the mask mandate for indoor events for those who are fully vaccinated, and numerous states and businesses are following suit.
The complexity of the issue has to do with determining who has been vaccinated and who has not. Certain businesses are asking people to produce their vaccination card if they wish to enter without a mask. Attorney Gold offered his legal opinion on the policies that businesses are implementing in the Philadelphia area.
While not specifically commenting on those businesses that require a vaccination card, Gold advised that it is not illegal for a business to ask patrons if they have been vaccinated. However, the information may not be reliable since one could lie just to gain access without a mask. He added it is best not to ask because in the end, a business cannot stop someone from entering as this could lead to a discrimination lawsuit.
Moreover, there are a variety of reasons why people may choose not to get vaccinated including religious reasons or they are unable due to a disability. Mr. Gold added that it is also not illegal or a violation of the Health Insurance Portability and Accountability Act (HIPPA) to ask employees if they have been vaccinated nor is it illegal to require them to be fully vaccinated as a prerequisite for returning to work. He explained that the Equal Employment Opportunity Commission (EEOC) has provided guidance on that matter.
Watch the full NBC 10 interview here.
If you have been discriminated against at work and want to know what your legal options are, the legal team at Sidney L. Gold & Associates, P.C. can help. Call 215-569-1999 or contact us online today to schedule a free consultation. Our offices are located in Philadelphia and Pennsauken, New Jersey, and we serve clients throughout Pennsylvania, New Jersey, and New York.