What Can I ask My Employees About Covid-19 Vaccination?

It has been over a year since we started the vaccination journey. I continue to receive questions concerning what employers are allowed to ask their employees about their COVID vaccination status.  Here are the answers and the government agencies who established these answers:

Can I ask my employees if they are vaccinated?

Yes, employers are allowed to ask their employees about their vaccination status.

Isn’t it a violation of the HIPAA laws for me to ask?

No. HIPAA restricts the sharing of information, not asking.  EEOC has explicitly said employers can ask.

If it isn’t a HIPAA violation, is it a violation of Americans with Disabilities (ADA) or Genetic Information Nondiscrimination Act (GINA)?

It can be if you are not careful.  To avoid violating ADA or GINA you should avoid any follow-up questions and stop employees if they start sharing medical information.

Can I ask for proof of vaccination? 

Yes, again EEOC has explicitly said employers can ask for proof and a copy of their vaccination card or documentation

Can you fire employees for refusing to get vaccinated?

Yes, EEOC has made clear that individuals can be required to take the vaccine as a term and condition of employment subject to requests for accommodation based on medical reasons or sincerely held religious beliefs.

Can an employer require vaccination before hiring?

Employers may require that new hires be vaccinated by the first day of work, provided they accommodate those who can’t receive the vaccine for disability- or religious-based reasons.

Employers can also ask applicants if they currently have COVID-19 or COVID-19 symptoms.