Do I have to disclose my vaccination status?

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Answer

The Yukon Public Service has not released its policy for implementing mandatory vaccination. It is not clear at this time if the Employer will require disclosure. Other employers affected by the mandate are in process of creating their own policies.

While jurisprudence doesn't exist for widespread mandatory vaccination, employers have mandated vaccines prior to COVID-19 on a more limited scale.  Arbitrators, adjudicators, and courts have ruled in the past that the collection of vaccination status was permissible as the only means of enforcing such a policy. The Union must take its guidance from arbitral and court decisions as such decisions are binding and precedent setting.

Employees do have a right to medical privacy and the confidentiality of their personal health information and any future policy of the Yukon Public Service/other employers must comply with applicable privacy laws. The Employer will be expected to limit any questions to gathering only the information that is strictly necessary.

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