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Six Flags Equal Access Pass Eliminated As Of November 6 2015


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I am sure Six Flags lawyers think they are in the clear. However, I am also sure there will be another lawyer out there who will chase the money and challenge them. I am just interested in the outcome, since this is something that would be groundbreaking for the whole industry.

 

I, too, am very interested in the outcome and how far it progresses in the legal system. Could you imagine if it makes it all the way to the Supreme Court?

 

Doesn't Disney Parks now do the same thing just without asking for a note? At worst, six flags can do that which means people still have to wait the time about the same time, they just don't have to stand in line.

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Doubt it will. Six Flags would likely settle and change the policy instead of a lengthy legal defense where lots of their dirty laundry would be aired out.

 

This is a good point, not sure why I didn't see it at first. You're right, the PR backlash would be a potential nightmare.

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However, it is a very grey area. By having the doctors name and office information, one could argue that is a violation of the privacy granted under HIPAA because Six Flags can google the doctors information and then make assumptions.

 

I got to thinking about this and the same thing could be said for an employer who requires a note from your Dr. when you have a need to be off work for an extended period of time, some require a note for more than 1 day, some 3 days, and yet others trust the employee enough to not care unless it's FMLA. The employer isn't to be privy to your medical condition under the law, but they too could google your doctor and if it came up Oncologist, well there you go.

 

Basically if it flys for one it flys for all and I'm pretty sure this subject has been raised before in the courts(in reference to privacy concerns when looking up the Doc on the note), I'm just too lazy to search Westlaw.

 

The short version, I don't think one would win that argument in court.

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^There are all sorts of loopholes and exemptions for employers. In your example, if requiring a doctors note is outlined in their employment contract---they are waiving the right to that privacy by agreeing to the employment contract or if that is part of their union contract.

 

In general, for workers compensation, ADA, and FMLA requests, employers are allowed to ask for verification because of the financial burden involved for both parties. In fact, HIPAA doesn't protect workers compensation claims at all, since the two parties are essentially arguing over who caused a person to become disabled in the first place.

 

But none of those rules apply to customers of a business since the average person who needs accommodation isn't expecting accommodations every single day for an extended period of time like an employee is by making a FMLA or ADA claim.

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