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What to do when a worker refuses to give proof of COVID-19 vaccine status

September 5, 2023

In a recent case, an ex-employee sued her former employer under the Confidentiality of Medical Information Act. She alleged unauthorized use of her medical information and discrimination due to her refusal to authorize release of such information.

The plaintiff in the case worked at the Sequoia Union Elementary School for decades. She offered in-person classroom assistance for children with special needs and children whose primary language was Spanish.

An August 2021 public health order required K-12 schools to verify the COVID-19 vaccination status of all school workers and required schools with workers not providing proof of complete vaccination to report the results to local public health departments.

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