HR Newsletter: (COVID-19) Can You Ask Employees if They’ve Been Vaccinated?

Vaccine Question

Yes, employers are generally allowed to ask workers if they have been vaccinated. Companies are often times interested in employees’ vaccination status because it sheds light on return to work and social distancing planning, customer and co-worker safety, and possible employer-provided incentives for employees to get vaccinated.

The Equal Employment Opportunity Commission (EEOC) has provided guidance indicating that not only can employers ask about vaccination status, employers can also ask for proof.

In situations where the employer is asking for employees’ vaccination status, we recommend the following:

  • Do not ask employees why they did not (or do not plan to) receive a vaccination because this could lead to disability or religious related discrimination issues
  • Create a questionnaire that purposefully avoids gathering information related to an employee’s health status or their reason for declining a vaccine
  • Retain employee responses in a secure location similar to other medical information

Looking for further discussion on this topic? Check out Employco’s recent HR Chat, “Can You Ask Employees if They’ve Been Vaccinated?”

Contact us for assistance with workforce vaccination and return to work initiatives.