Legal Edge: Can your employer ask you if you’ve been vaccinated?


LANSING, Mich. (WLNS) – Balancing safety and privacy can always be tricky. Local Attorney Bryan Waldman explains whether or not an employer can ask employees if they’ve been vaccinated or for proof of vaccination.

The short answer, Waldman, said is yes.

The Equal Employment Opportunity Commission (EEOC) says that workplaces have to make sure they do it in a way that doesn’t violate other existing laws, such as the Americans With Disabilities Act, which prevents inquiries regarding an employee’s disabilities.

Your employer can require you to receive the vaccine, unless you have a disability or a “sincerely held” religious beliefs, in that case, your employer has to accommodate you.

There aren’t any blanket policies regarding people who cannot receive the vaccine, and Waldman suggests that employers reach out to an attorney for advice if presented with this dilemma.

Where does HIPAA come into play?

HIPAA applies to agencies that routinely transmit health information electronically, something that doesn’t describe most employers – meaning HIPAA doesn’t usually apply.

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