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Vaccination requirements to work in a tech job office in Dublin

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  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    @floorpie wrote:

    They can ask and refuse your entry but they may be opening themselves to litigation, whether through employment law, discrimination law, or otherwise. You choosing not entering the premises doesn't remove the legal obligations upon them

    I put in ridiculous scenarios, because "can they ask ..." comes up so frequently as a question, when the fact is that outside of a few scenarios it is not illegal for someone to ask any question of you. The individual always has the right to refuse to answer it. Then everyone moves on with their lives.

    Non-vaccination is not a protected ground for discrimination. In general, it is perfectly legal to discriminate against unvaccinated people. It is still a complex area, but despite all of the noise, if a business decides tomorrow to operate a vaccinated-only policy, there is basically nothing anyone can do about it. They are not, by default, breaking the law. Unlike, say, a policy where they refuse to let gay people in. That is, by default, illegal.

    The Gardai cannot force them to let you in. The Data Protection Commissioner will not declare them in breach of any regulations.

    The only way to force their hand would be a court case ruling on the legality of such a move.



  • Registered Users Posts: 1,476 ✭✭✭floorpie


    I put in ridiculous scenarios, because "can they ask ..." comes up so frequently as a question, when the fact is that outside of a few scenarios it is not illegal for someone to ask any question of you. The individual always has the right to refuse to answer it. Then everyone moves on with their lives.

    A private person can ask, sure. A private business can't just ask whatever of employees or customers, if what they're asking is illegal (where "illegal" can include subtle things). Maybe I'm misreading you.

    Non-vaccination is not a protected ground for discrimination. In general, it is perfectly legal to discriminate against unvaccinated people. It is still a complex area, but despite all of the noise, if a business decides tomorrow to operate a vaccinated-only policy, there is basically nothing anyone can do about it. They are not, by default, breaking the law. Unlike, say, a policy where they refuse to let gay people in. That is, by default, illegal.

    Non-vaccination isn't a grounds under equal status or employment equality, no. But there are still ways in which these acts might protect a person who's denied service or has issues with an employer. For example if a person has an immune disorder, this might be considered a disability (defined in the act as "the presence in the body of organisms causing, or likely to cause, chronic disease or illness"). Mandating vaccination in this case could be construed as indirect discrimination under the acts.

    Tongue in cheek, but being irrationally anti-vax is arguably a disability if you could get it diagnosed somehow, defined in the act as "a condition, disease or illness which affects a person's thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour"

    My point is essentially that it's not simple, imo.

    The only way to force their hand would be a court case ruling on the legality of such a move.

    Basically this



  • Registered Users Posts: 16,501 ✭✭✭✭astrofool


    The chances of passing it on when vaccinated are not the same, not sure why some people keep on repeating that lie.



  • Registered Users Posts: 14,240 ✭✭✭✭Dav010


    That remains to be seen, an application can be made to the DPC by an employer if there is an outbreak which impacts safety. Don’t be surprised if there are procedural changes as employees return to offices.



  • Registered Users Posts: 5,681 ✭✭✭Former Former Former


    Because it suits them.

    If selfish **** convince themselves that being vaccinated doesn't protect others, then selfish **** can claim not to be selfish **** at all by refusing to be vaccinated.

    But it's pretty irrelevant. Someone with the mentality to refuse to get vaccinated and still want to go back to the office is just going to lie about their status anyway. That's what we're dealing with here.

    I won't claim to be a legal expert but if I was back in the office and I knew unvaccinated people were circulating freely, I'd probably tell my employer that I was staying at home.



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  • Registered Users Posts: 4,528 ✭✭✭copeyhagen


    wife works for a sub company of HSE. every job posted on their internal applications noticeboard has

    "proof of vaccination will be required in this position"



  • Registered Users Posts: 901 ✭✭✭usernamegoes


    It is illegal to ask someone a question that would constitute the processing of personal data where no lawful basis in Arts 6 and 9 of GDPR are present and/or such processing is excessive.



  • Registered Users Posts: 5,681 ✭✭✭Former Former Former


    Article 6.1.d

    It is legal when...

    "processing is necessary in order to protect the vital interests of the data subject or of another natural person"

    If you refuse to get a vaccine but insist on coming to the office, you are endangering the "vital interests" of your coworkers, thus you could easily argue your employer is entitled to request and process this data.



  • Posts: 0 [Deleted User]



    Mentioning something is a requirement, is not the same as asking a direct question. They didn't ask if you were vaccinated or not.

    An astute interviewer would most likely have been watching you and your body language carefully for your reaction to the information about the Dublin office.

    It may even have helped determine how much further you will go in the interview process.

    Post edited by [Deleted User] on


  • Registered Users Posts: 989 ✭✭✭Stormyteacup


    This is understandable. But thinking through it a bit.. it’s different from an office building being off limits for unvaccinated.

    If it were the case that HSE employees, both vaccinated and unvaccinated would never encounter each other indoors, such as in a canteen for example, then it could be extrapolated as a premise for excluding unvaccinated from office buildings.

    The decision to restrict certain areas of HSE to vaccinated only was taken after consultation with AG. It’s been made legal in the US, but private companies here are imo premature and expect issue to be clarified by AG prior to removal of wfh where possible guideline.



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  • Registered Users Posts: 216 ✭✭ohnohedidnt


    Vaccinated are less likely to carry the disease, about 2/3rds less likely. But 90% of people in Ireland are vaccinated, so if you work with 10 people and 1 is unvaccinated, you're more likely to catch it from a vaccinated person than the non vaccinated person, and if the vaccine works at preventing serious illness for you, you have nothing to worry about either way. So why care?

    If your concern is about personal outcomes for the unvaccinated, employers should also consider not allowing obese people into the office, because even if vaccinated they're at much more risk than an unvaccinated healthy person.

    There are legitimate concerns around the vaccine, and nobody should be compelled to take any drug they don't want to. Not too long ago the people of this country were preaching "My body, my choice", where did all those people go?, we could use them now.



  • Registered Users Posts: 5,681 ✭✭✭Former Former Former


    The "my body, my choice" thing doesn't hold up here.

    I have absolutely no concern for the personal outcomes of people who choose not get vaccinated. If you want to get Covid, that's fine.

    However, you'll likely infect several other people in the process. That's not fine.

    So it's your choice, but other people's bodies.

    A better comparison is smoking in the office. That is banned not to protect the smokers but to protect others from them.

    Those of us who do the right thing deserve to be protected from those who choose not to.

    If you don't want to take the vaccine that's fine, I totally agree no one should be forced to. But you cannot expect to opt out of very important parts of shared society and still expect to participate in everything else.



  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    If you don't want to take the vaccine that's fine, I totally agree no one should be forced to. But you cannot expect to opt out of very important parts of shared society and still expect to participate in everything else.


    You'd have a case if vaccines were 100% effective against the virus and transmission, but they are not yet some companies are operating as if they are. You're also heading down a very dubious path where others decide how people's choices dictate how much they are allowed to be part of society. It's really not far off the very divisive mask no-mask politics of the US.



  • Registered Users Posts: 5,681 ✭✭✭Former Former Former


    No, vaccines are not 100% effective against transmission.

    But being unvaccinated is 0% effective.

    Now, if an employer can do SOMETHING to protect their employees, even if that protection is not absolute, then they're probably obliged to do it.

    It's like saying a hard hat won't protect you on a building site if a cement mixer falls on you, so hard hats are pointless.

    As for choices dictating participation, I would argue it is the choice of the anti vaxxers that is dictating the consequences. This isn't like home schooling your kids or being a vegan. This is making a choice that will kill other people.



  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Hard hats do protect people, a policy based on a flawed or unreliable assumption is not protection. The last part merely reinforces the perception of where some people have got themselves to in all of this. One would hope that will in due course abate.



  • Registered Users Posts: 7,563 ✭✭✭GerardKeating


    What law are they breaking? Perhaps if they tried to force existing employees, but in an interview, unless they impinge on the nine protected catagories in discrimination, mostly anything goes.



  • Registered Users Posts: 22,326 ✭✭✭✭Akrasia


    Just get vaccinated

    The employers are only trying to protect their employees and business from a global pandemic that has already killed millions of people



  • Registered Users Posts: 18,268 ✭✭✭✭Bass Reeves


    It would but it would not prevent you from traveling continually. You could arrange childcare with notice, you cannot travel on a plane without a COVID cert. If foreign travel was a requirement of the job asking for a COVID certificate would be like looking for a driving license off a travelling salesman

    Post edited by Bass Reeves on

    Slava Ukrainii



  • Registered Users Posts: 5,681 ✭✭✭Former Former Former


    On a purely pragmatic level, I don't know how any could start off a new job with this sort of discussion and not expect it to have serious ramifications for their career.

    Employers want workers who solve problems, not ones who create them



  • Registered Users Posts: 18,268 ✭✭✭✭Bass Reeves


    Vaccines protect people. I think I saw a stat that of the 50 odd ICU cases, less than 10( I think the numbers quoted was 5) are people who have been vaccinated. That's a startling statistic. As people most impacted by COVID are older or vulnerable people.

    In a way it shows your misunderstanding of safety. Yes a hardhead will protect you if a nut or bolt falls from a height it will stop you from a life changing injury if it hits your head, if it bounces onto your shoulder or hits yo on the back you still get injured, if it's an RSJ that falls on you, it no f@@king use. So the hard hat done not provide 100% protection either.

    It's interesting as well that you choose hard hats. ESB electricians are require to wear hard hats even inside in installation where nothing will fall on them on insulated floors. It prevents the top head from providing an earth contact off equipment that might kill them if they come in contact with live current.

    Slava Ukrainii



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  • Registered Users Posts: 216 ✭✭ohnohedidnt


    Well, depending on which side of the abortion debate you were on, it could be argued that it was precisely a case of your choice somebody else's body.

    Society is a very broad term, North Korea have a society too, but its about what type of society you want to be a part of. If vaccines and lockdowns are acceptable for a virus with a mortality rate in the fractions of a %, then where will the line be drawn? How many people die on the roads each year or over the last 10 years? Should we ban cars and force people to only use public transport for the greater good?, if people did that less people would die on roads, so we should do it based on the current logic. The loss of freedom and economic cost is a small price to pay to save lives right?

    These vaccines are only partially effective at best, that's a fact. They have done a great job protecting the most vulnerable but they're job is largely done. Viruses are part of society, always have been, always will. I'm not anti vax, far from it, I even get the annual flu shot sometimes and my kids are fully vaccinated, but I have a problem with this particular vaccine for lots of reasons, both medical and ethical, and in a free society I should have a right to express those concerns and decide if I want to take it without reprocussions.

    Vaccinated are about 50-70% less likely to catch the virus, but are more likely to spread it when they do catch it, so the argument about unvaccinated spreading covid isn't very strong, they're only marginally more likely to be spreaders, and less Lilley when you consider 90% are vaccinated.



  • Registered Users Posts: 1,309 ✭✭✭Deub


    Once you think you have the perfect candidate. Bring her/him to the nearest pub where you know they 100% check the DCC, for a chat about the position and see how it goes.



  • Registered Users Posts: 28,658 ✭✭✭✭AndrewJRenko


    "Vaccinated are about 50-70% less likely to catch the virus, but are more likely to spread it when they do catch it"

    Source please?



  • Registered Users Posts: 7,236 ✭✭✭mcmoustache


    Better yet, just conduct the interview in a pub. More seriously though, employers can just separate candidates into two sets - vaccinated and unknown and take it from there.



  • Registered Users Posts: 4,392 ✭✭✭robbiezero


    If you are vaccinated, what does it matter about who is unvaccinated?



  • Registered Users Posts: 12,033 ✭✭✭✭Richard Hillman


    I am currently WFH with some talk of some people returning to the office. I noticed about a month ago that management have stopped talking about vaccinations. Never have I been asked in general chit-chat conversation by anyone senior about if I have been vaccinated or not. Seems to be a HR thing "Do not ask".



  • Registered Users Posts: 5,555 ✭✭✭Charles Babbage


    Presumably the cure for this is to have interviews in the pub and check everyone at the door.



  • Registered Users Posts: 7,751 ✭✭✭growleaves


    When I started my new job I was warned on the first day not to ask people if they were vaccinated. It was "politically incorrect" I was told.

    Not sure how many employers would be bothered trying to lure candidates into pubs. Sounds a bit comical.

    Is a company liable if their employees get covid? In my experience if a company isn't liable for something then it isn't an overwhelming priority.

    There is a labour shortage with rising wages atm, in some sectors at least.



  • Registered Users Posts: 34,624 ✭✭✭✭o1s1n
    Master of the Universe


    You know full well no vaccine for this is 100% effective.



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  • Registered Users Posts: 7,236 ✭✭✭mcmoustache


    If vaccines were 100% effective in preventing infection, it wouldn't matter as much but that's not the case. People would still rather not pick up covid, even if they're vaccinated. I wouldn't die from being slapped across the face by a wet fish wielded by an even wetter fish but I'd still prefer that it didn't happen.



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