Can An Employer Ask If You Are Vaccinated?

Are you Vaccinated?

In the workplace, keeping employees safe is the number one priority for any company. One of the ways employers can ensure the safety of their employees is limit the chances of spreading COVID-19 by having COVID-19 awareness and procedures in place. Given the circumstances regarding the virus, can an employer ask their employees if they are vaccinated? (Click here to find out if employers can require COVID-19 testing, and click here to see if employers can ask for COVID-19 test results).

The US Equal Employment Opportunity Commission (EEOC) has outlined employer and employee rights in their “Pandemic Preparedness” guidance memo. In this memo, they also offer strategies to protect workplaces from COVID-19 and ways to navigate a confirmed case in a workplace. According to the EEOC, employers are allowed to ask employees if they are vaccinated. They have made it clear that asking if an individual is vaccinated does not violate the Health Insurance Portability and Accountability Act (HIPAA) or the Americans with Disabilities Act (ADA) at all, part of which outlines employers’ rights to require workers to get COVID-19 tested. However, a worker’s vaccination status is confidential information protected by HIPAA, so although employers can ask if you are vaccinated, they are not allowed to save or discuss this information with anyone other than the involved party.

If you are vaccinated but would still like to get tested for COVID-19, you can find one of our testing centers below where you can get tested for COVID-19. You may also find our Virtual COVID PCR Test Kit where you can test yourself from home with a virtual appointment with a testing assistant. 

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