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Colorado employers can legally require COVID-19 vaccination and ask for proof

COLORADO SPRINGS, Colo. (KRDO) — Employers in Colorado can both require workers to get vaccinated for COVID-19 as an employment condition and request proof of vaccination.

Colorado Springs attorney Gregory Givens says there are only a couple of exceptions to the law allowing employers to mandate vaccines.

“One of which is an accommodation for employees with disabilities under the Americans with Disabilities Act,” said Givens. “The second exception is religious exemptions.”

It’s also legal for Colorado employers to fire employees for not receiving a COVID-19 vaccine. But it’s not a workplace practice Givens recommends.

“You’re not going to have a large stable of employees available if you start firing people who don’t get vaccinated,” said Givens. “But there is no public policy in Colorado right now which says that if an employer fires someone for not getting vaccinated, that employee can turn around and sue that employer for wrongful termination.”

Givens adds that if an employer requires COVID-19 vaccination and an employee has an adverse reaction, worker's compensation could come into play.

A Republican-sponsored piece of Colorado legislation aimed to make it illegal for employers to take adverse action against an employee or an applicant based on their COVID-19 immunization status. Two El Paso County representatives, Dave Williams and Tim Geitner, voted to keep the bill alive in committee. But in an 8-5 vote, Democrats in the legislature voted to postpone HB21-1191 indefinitely.

Since the CDC issued guidance allowing fully vaccinated Americans to go maskless in most situations, many people are questioning how the HIPAA law applies. 

According to recent guidance from the Federal Equal Employment Opportunities Commission, employers are authorized to ask employees if they’ve been vaccinated and also to ask for proof. Asking for proof of COVID-19 vaccination does not violate HIPAA or similar laws as long as employers don't disclose that information to others.

Coronavirus / CovidRecovery / Health / Investigations / Local News / News / Reporter Stories / Video
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Lauren Barnas

Lauren is an anchor and MMJ for KRDO and 13 Investigates. Learn more about Lauren here.

Comments

64 Comments

  1. My body, my choice. Right? Can a business turn you away because you are pro-life or pro-choice? Can a baker turn you away because your lifestyle is against his religion? I would hate to be the first business that turns someone away because of a life choice they made.

    1. I have a religious objection to taking an injection that uses copies of aborted babies’ cells, derived from the very beginning.. Are you going to fire me or not hire me? I can’t wait till the BOGUS 19 is over and you can see the government-controlled propaganda and bullshit control methods have been used to destroy this country and especially small businesses.

      1. None of the vaccines use copies of fetal cells. Some of the early research used them until they found other ways of producing the T-cells deliberately to overcome objections like yours.

    2. Correct. You have a choice not to follow the employment requirements and be refused work.

    3. That Baker had no problems SELLING To anyone, just CHOOSE Not to Devote Art to Those DEMANDING HIS Work! The difference between the 2 Hasn’t Escaped The Discernment Of The SCOTUS, But Eludes those who want to destroy The Religious Freedom Of Christians, while giving a ‘Pass’ to muslims.

      1. Because as a business, that organization has the right to refuse patronage to anyone the business deems. It is a simple matter of transaction of goods wanted for a fee. Just as the customer has the right(s) to shop where they choose, so too does that business have the same right(s) to choose if they want to offer their services to that specific client or not. Conversely though, if that businesses model is not one that creates a warm and welcoming environment for customers, they will be directly impacted by those choices as word and their reputation spread throughout the community.
        Signs since the 60’s at least used to read “no shirt, no shoes, no service.” This is the same as today with signage advising customers you cannot carry a weapon on their premises. You may not agree, but if you do violate their written notification upon entrance you have also committed trespassing, if the business chooses to pursue charges.
        But this is different in discussion and not to be confuse the relationship between business / patron and business / employee, as they are handled under 2 separate laws and regulations.

    4. I am sure many people must have seen this coming, and it will be expanded upon to gain entry into most places, in my opinion.
      You Vill show your papers or you vill not be allowed to pass, marxist demoçrat comrades.

  2. How can an employer hire or fire a person over a vaccine that has not been fully safety tested? The employer should then be made responsible to the employee and his family if any health damage is done by a vaccine.

      1. What kind of lawyer makes such statements without giving and showing facts?

        1. Because Colorado is an “at will” employment state.
          The State of Colorado is only required to enforce the rules that apply to them, Thus putting it on each company and not on the citizen or individual. Additionally because of its vagueness and ambiguity there is next to no recourse aside from ““One of which is an accommodation for employees with disabilities under the Americans with Disabilities Act,” said Givens. “The second exception is religious exemptions.””, as mentioned.
          https://cdle.colorado.gov/wage-and-hour-law/termination/employment-at-will

    1. “‘If you require your employees to be vaccinated any adverse reaction is work-related'” Vaccine mandate comes with liabilities for employers, by Bob Unruh for WND

      1. “OSHA tells employers they may be liable for ‘any adverse reactions’ if they mandate COVID shots” Lifesitenews.com-Employers may be liable for ‘any adverse reaction’ from mandated coronavirus shots: OSHA ; It’s also possible that employers requiring the injections may be held legally liable for violating federal law

        1. Unfortunately, the only statements OSHA has made officially are as follows:
          “It is important to wear a face covering and remain physically distant from co-workers and customers even if you have been vaccinated because it is not known at this time how vaccination affects transmissibility.”

          “14. Making a COVID-19 vaccine or vaccination series available at no cost to all eligible employees. Provide information and training on the benefits and safety of vaccinations.”

          “15. Not distinguishing between workers who are vaccinated and those who are not: Workers who are vaccinated must continue to follow protective measures, such as wearing a face covering and remaining physically distant, because at this time, there is not evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person. The CDC explains that experts need to understand more about the protection that COVID-19 vaccines provide before deciding to change recommendations on steps everyone should take to slow the spread of the virus that causes COVID-19.”
          source – https://www.osha.gov/coronavirus/safework

  3. Businesses beware, manufacturers are exempt from vaccine liability, you are not. Coerce your employees into involuntary vaccination and one has permanent detrimental effects , blood clots, or fatality. Good chance they or their family is coming after you through lawsuits. Willing to bet your business, and maybe even your person assets on it. 100% sure you can convince a jury in a civil lawsuit (civil – only prove more probable than not) you were not a contributing factor? Good luck, consider carefully, the courts have yet to see this, but they will, I’m sure they will. Lawyer up!

    1. Preponderance of evidence was the legal definition you were looking for, and yes you are correct. Additionally, If you as a private citizen decide to go up against one of these super large corporations understand that your legal team will never be able to compete with the super large corporation’s legal team(s) they have on retainer.
      Yes, it is your right and ability and no one should dissuade you to choosing this path, but understand that in similar past occurrences, several people have been bled dry from continuous filings for continuations and motions so the case will never go to trial, until you are financially destitute. Because, remember you lost your job and are fighting this from a position of having to start a new job / career while fighting this battle now too.

  4. OSHA:
    If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7

    One attorney and one journalist do not make for a credible article.
    This is an extremely ill written article and has no validity apart from fear mongering of firing employees who decide not to get a shot with an ill track report so far to keep employment.

    Who ever wrote the article should have done more due diligence and KRDO should have done theirs as well before posting this piece of propaganda. A title that is written in hopes to get more people to agree to a shot out of fear is coercion as is an employer forcing it on employment

    Can they tell you that you have to smoke or what to eat or what medicines you have to take?

    1. Such employment conditions have been standard in most healthcare companies for many years. It’s typical to require testing negative for TB, hepatitis A & B vaccinations, and the lists go on. So the precedents are well established, especially in Colorado, which is an “employment-at-will” state.

      1. The point they are making is not that they cannot do it, but any adverse reaction is then work related…. see my post above. Willing to bet everything you own on it?

        1. Thanks for the clarification. I missed your point first time around. Unfortunately, being work-related doesn’t seem to mean much these days.

  5. This will put the conservative clowns out of work. Oh wait, they already are since the majority of them are old and senile.

    1. What are you talking about? Nobody will be let go because they didn’t get the vaccine. Everyone is understaffed because many are living off the government! Please stop showing your love for a corrupt organization.

  6. We knew this was coming but thankfully we live in a FREE COUNTRY so you don’t have to have a shot in the arm because joe shmoe might get sick or whatever. If vaccines could be forced or mandated we would not have anti-vaxers. I wont show proof for anything. and as for liability Yeah this is real thin ice they are walkin on not fully tested, more than a few are having bad side effects, and frankly im waiting on the 10 yr mark so we can start seeing the “If you took the Covid-19 vaccine you could be entitled to compensation” Commercials.

    1. “If you took the Covid-19 vaccine you could be entitled to compensation” Commercials.

      they make you sign a waiver of all liability

  7. So KRDO believes it because one lawyer said so? Do you know why we have courthouses? Because 50% of the lawyers walking in the front door are wrong!

  8. The military has required vaccinations for decades and yet no one seems to have a problem with the military requiring vaccinations. If you want to see the results of mass vaccinations look up child mortality rates from polio before and after the polio vaccine was mass distributed.

    1. The military volunteered to be government property when they signed the contract, therefore they are required to follow the orders of the government. The citizens of the US are protected from the Government by the Constitution, the Government is subject to the people not the other way around. If you look at the rates of polio there is a direct correlation with the use of DDT. When the use of DDT was suspended the polio rate began to decline before the vaccine. The polio vaccine is one of the biggest medical scams in history, almost as bad as this current Coivd hysteria.

      1. Good grief! You’re blaming Polio on DDT? DDT was used to fight polio by reducing the flies believed to be responsible for the transmission of DDT. Unfortunately, it’s not clear that the flies were ever responsible, and DDT then had its own problems with regard to health issues that it caused. But there’s NO EVIDENCE that DDT itself caused polio. They just happened at the same time, because of the other links that had nothing to do with direct cause/effect. It is however likely that DDT can cause various forms of cancer.

    2. You are property of the US government when you join the military, you don’t have the same rights and freedoms as a regular citizen. Apples and oranges. Polio is a completely different virus than COVID, especially considering COVID has a greater than 98% survivability rate for anyone under 70, and the mortality for children is near nonexistent. Again, apples and oranges.

  9. Ohhhhh for crying out loud…No they can’t!!!!! I would only hope employers would try this stupid stunt….When it goes before Supreme court it will be shot down….even as looney left as our Supreme Court…they will see the batsh_t craziness of this….Think I’ll go apply for a couple jobs just so I can join in on the lawsuits

    1. I really, REALLY hope some businesses try this only to see them sued into oblivion. Additionally, while the cases are winding through the court system the business names will come out and the resulting backlash against them will be epic!

    2. As I pointed out earlier, Such employment conditions have been standard in most healthcare companies for many years. It’s typical to require testing negative for TB, hepatitis A & B vaccinations, and the lists go on. So the precedents are well established, especially in Colorado, which is an “employment-at-will” state.

  10. This would likely fall under a violation of Federal Civil Rights Law and the laws that prohibit discrimination. I would urge anyone who is concerned about the potential violations of rights should check out: thehealthyamerican dot org. This is a great website and resource for understanding what the law says and how to fight back against this medical tyranny.

    1. Laws are not retroactive, which means that if you cannot find an exemption that would allow you the ability to prohibit this law like was mentioned as ““One of which is an accommodation for employees with disabilities under the Americans with Disabilities Act,” said Givens. “The second exception is religious exemptions.””, then there is nothing else you can list as a exemption, because these are all the “At Will employment” works in the State of Colorado.
      We could ask for a law to be created to protect us from this to occurring in the future, but why would the politicians do that “for the people”? The politicians work “for the highest bidder”, and currently every company to include big pharma wants this more than the people do, yet the politicians are agreeing with the companies more than the people.

      1. “because these are all the “At Will employment” exemptions that work in the State of Colorado, for this circumstance.” – corrected for grammar.

  11. I dare them because yes…as a senior citizen on Medicare/Medicaid I am covered by HIPPA standards, laws and practices. I do not and will not divulge my private medical information to anyone with exception of my Physician especially related to this “vaccine” poison. Just like it was with the masks…”Where is your mask?” my answer each time…”its on your face!” And Check…don’t give an owls hoot what you say any longer. Your comments are moot to me! Shalom

    1. I haven’t received the shot because of my personal reasons. I started investigating because I have been told time and again that HIPAA either it doesn’t cover it or it does protect you, but no one could state the specific section. Given my understanding with how laws are written, unless there is a specific protection listed that does cover this, then it does not exist (And that is my concern). After going to their website, I am still left with further questions than I began as the links they recommend us to view are all dead links on a government website.
      https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/combined-regulation-text/index.html?language=es
      I want to see if part 160, part 162, and part 164 do have this as a “protected rule” or not. So far to no avail.
      Don’t misunderstand, I don’t like with what I have found so far as well, but based upon my investigation so far, the only 2 legal exemptions that are available that I have found are ““One of which is an accommodation for employees with disabilities under the Americans with Disabilities Act,” said Givens. “The second exception is religious exemptions.””.
      Shalom aleichem.

      1. It is very easy. My religion does not allow and DNA or RNA manipulation through a shot or other medical means. The core of your being is in your RNA and DNA and shall not be tampered with. So I am exempt. and What religion is this you ask….. Community Congregation of our Saint of Common sense. CCSCS for short Members welcome. 🙂

      2. Thank you for the information I appreciate your research. I too have a religious exemption however it is good to know given all the false information I have received during this “scamdemic”.

        Shalom aleichem back to you!

    2. You obviously don’t understand HIPAA either (Note the correct spelling — it stands for Health Insurance Portability and Accountability Act). It concerns only your personal information being disclosed by a third party to others who have no legal need for it. It doesn’t prevent anyone asking you for it, and it doesn’t prevent employers requiring you to provide it as a condition of employment. So that’s another of your baseless theories debunked, whether you listen to the facts or not.

      1. I am not so sure this is completely accurate either RC. Read an HIPAA waiver form. The way that form is written especially for the State of Colorado, it does elude to this being protected which is why I keep looking. As the HIPAA from reads it is for the medical industry. Ergo, if you are not part of the medical industry, they are not authorized to ask as it is not a matter of their job functionality. Additionally, If someone has to ask me to show you something I do not wish to divulge, and it is protected because it is a medical procedure, and I choose to not disclose this information, then that again only falls under violating the “At Will Employment” unless you claim ADA or religious exemption.
        https://eforms.com/images/2016/10/Colorado-HIPAA-Medical-Release-Form.pdf
        At the core of what HIPAA was intended for, was to provide protection of the individual / patient from people that had no need to know your medical history. How is CO-VID vaccine verification / passport not in direct conflict with HIPAA’s original intent of why the law was written in the first place?

        1. You’re correct, that it’s designed to protect individuals (patients) from people that have no need to know your medical history. But you can waive that and let others know, although you’re not obliged to answer when asked about it. The consequences of not answering, however, are not covered by the law, and being refused employment or admission to somewhere are potential consequences.
          HIPAA was indeed written for the healthcare industry, because they really need to know your medical background to treat you properly, and HIPAA is designed to prevent them from letting any of that information go any further (except to others required to know by law) without your permission.

          1. Correct, so if your employer is not within the healthcare industry, there would be no legal right to be required to answer something that is protected by HIPAA. (by using your statements and logic above.) Thus, this should indemnify you from having to answer questions that your employer will utilize as a conditional term of employment, that if left unsatisfied, will cause your dismissal by your employer. This is direct causality proving that choosing to not offer consent to HIPAA related questions should be a viable answer to giving your employer without having to claim ADA or Religious reasons.
            Additionally, if not answering causes termination as refusing to comply with their companies policy mandates, then how does this not differ from the intent of why the ADA protects their identified populace and this exact same treatment from their employers? Was this person not released from their employment based upon similar grounds as if they released an employee because they have been diagnosed with MS? The obligations of the company is to adjust and adapt to their duties to their medical limitations correct? So isn’t the logical step mandating that if they do not wish to comply with answering the Co-VID question(s) then employers must be provided and wear at all times the proper PPE, and not jumping to the end and causing immediate dismissal?

          2. I don’t know all the legal details. I just know that it’s possible for employers to refuse you work, and there’s nothing you can do about it.

          3. Reality Check you really need to check your own reality. First the discussion is about an experimental drug. Second, even the military with this jab is voluntary and third you admitted yourself you don’t know or have anything to back up your disregard for the truth.

  12. Hilarious that the communists at KRDO are so eager to declare this as “legal” with virtually no backing. But then I don’t look to KRDO for legal, medical, or any other guidance – they’re merely a farcical joke masquerading as a “news media site” when in fact they’re part of the problem of leftist propaganda machine.

  13. First off.. FAUCI belongs in Prison; not only for perjuring himself before Congress last week, but for backing the funding of the Wuhan labs to create the virus. ALSO, every “Operation Mockingbird” news-casting mouthpiece (i.e. they are not journalists) SHOULD BE ARRESTED FOR TREASON. People who have ZERO Real Perspective and who lack any Moral Rectitude are the ones who cannot recognize the difference between Real Morality and deceptive propaganda narratives perpetrated and paid for by entities like Pharma, Bill Gates, most of our Gov’t body, and the CDC, WHO, NIH, etc. We live in a time where the word “philanthropy” has become the substitute for the word “BRIBERY.” Most mainstream media personnel are BEREFT OF CONSCIOUS LIGHT; and in my eyes, they couldn’t even be considered for ENTRY INTO DANTE’s INFERNO to attempt to reclaim their ravaged, lost, forfeited soul.

    — THE 12 HONORABLE PEOPLE REFERENCED (and discredited) IN THIS ARTICLE ARE OF THE WORTHIEST OF RESPECT AND ATTENTION. Only in hell is TRUTH “demonized.” theprovince.com/news/just-12-anti-vaxxers-are-responsible-for-spreadin..

    Aaaah..name calling, personal attacks. Of course. That’s the scientific method. LOL “Tin foil hat” – and, am I to shrink away in shame now? Have you researched what the original reference was? or contemplated upon what it actually means; or were you accused of that when your higher Mind(s) might have been engaged? OR, are you just repeating the jargon of those “self”-ordained intellectual scientism “group speak” which relieves your brain of its duty to THINK ON ITS OWN?

    — Fauci is a thug and should be imprisoned, along with the rest of the other people whose core essences are effectively “dead.” SLEEPWALKING ZOMBIES who accept the promise of HELLth coming out from the end of a needle, as well as swallow pills and believe the modern counterfeits of what REAL SCIENCE is supposed to be (i.e. individuals practicing Self Observation and personal responsibility) deserve to be the guinea PIGS and take that man-made bio-weapon mRNA altering needle with the spike-proteins which will destroy the True Life Essence of humanity forever. All that because of their cowardly FEARS to learn to THINK and take moment-by-moment Self-initiated actions which promote wholeness and Health based upon the Waking/ Strengthening/ Integrating of their multi-level Immune systems. Instead, they BELIEVE the lies mainstream media is paid to spew out, and believe that the man-made virus –designed by their fellow mentally depraved humanimals— will be “cured” with another contrivance actually designed to push the eugenic extermination process into action.

    — when your physical body dies, the Real You will be SHOCKED at what your “intellect” willfully substituted for Its CONSCIOUS LIGHT SEEING.

        1. Don’t bother with KRDO’s resident shill, he’s only here to pump up traffic and get attention for his pathetic little ego.

      1. If you don’t have anything of substance to share then please quit trying to be a negative to everyone else’s comments. You haven’t backed up anything you have said. Either put up or shut up. Just being a whiner doesn’t give your comments any validity.

        1. I meant this statement to Reality Check that can’t give any comment of substance.

  14. https://assets.website-files.com/606d3a50c62e44338008303d/609462860f3394d5991a85fd_Employee-Form-Covid-Injections.pdf

    Give this to any employer to fill out that thinks they want to require an experimental vaccine or any vaccine for that matter for employment or wants to cause havoc in your job because you choose not to take the injection. Employers think by requiring an injection that they are won’t be liable for anything concerning the WuFlu or they are getting a kick back of money to give it. Actually they are liable for the injection more than any illness caused by CO19. If they don’t fill this out and still force the shot for employment, I would sue them for discrimination of your personal health choices.

  15. https://assets.website-files.com/606d3a50c62e44338008303d/609462860f3394d5991a85fd_Employee-Form-Covid-Injections.pdf

    Give this to any employer to fill out that thinks they want to require an experimental vaccine or any vaccine for that matter for employment or wants to cause havoc in your job because you choose not to take the injection. Employers think by requiring an injection that they are won’t be liable for anything concerning the WuFlu or they are getting a kick back of money to give it. Actually they are liable for the injection more than any illness caused by CO19. If they don’t fill this out and still force the shot for employment, I would sue them for discrimination of your personal health choices. KRDO didn’t bother to think harder before claiming the title to this poorly written and researched article. Shame on them.

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