“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: Can we ask employees for proof of COVID-19 Vaccination?

You can ask employees for proof that they’ve received the COVID-19 vaccine, but you need to be careful about how you ask for it and what you do with the information.

You should ask employees to provide proof that only includes their name, the date of vaccine (and whether first or second dose, if applicable), and, if necessary, their provider’s name. Asking for anything more than that could turn a simple request into a disability-related inquiry under the Americans with Disabilities Act (ADA) and should therefore be avoided.

You should also ensure that this information is kept confidential, along with any explanations about why an employee is not vaccinated. We recommend against asking employees why they are not vaccinated, but if you are mandating vaccines, this will likely come up when one or more employees indicate that they need an exception to your policy.

Finally, make sure that you don’t discriminate against employees who aren’t vaccinated because of their religious beliefs or disabilities. Title VII of the Civil Rights Act protects these characteristics and requires that you make reasonable accommodations for employees whose religious beliefs or disabilities prevent them from complying with your policies.

Answer from Kara, JD, SPHR:
Kara practiced employment law for five years and worked in Human Resources for several years prior to that. As an attorney, she worked on many wage and hour and discrimination claims in both state and federal court. She holds a Bachelor of Arts degree from Oregon State University and earned her law degree from Lewis and Clark Law School.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

0 Comments
Inline Feedbacks
View all comments
Author picture

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
All
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
Affirmation

Affirmation: 13 Bedtime Rituals That Encourage Mindfulness

When you were little, you probably had bedtime rituals that helped you go to sleep. Maybe your parents told you to put on your pajamas
Read More →
Career Mondays

Career Monday: Say Goodbye to Feeling Lonely at Work

If you feel lonely at work, you’re not alone. It may be the natural result of technology that reduces face to face interactions and increases
Read More →
HR Q&A

Q&A: Working Interviews

Yes, you can have a working interview as part of your selection process, but there’s a big caveat. If you have the candidate do “real
Read More →
Share via
Copy link
Powered by Social Snap