Although OSHA’s most recent emergency temporary standard was blocked by the Supreme Court, there may be other local ordinances that require employers to ask employees about vaccination status. So how should an employer ask an employee about vaccination status? Employers need to be careful when approaching this topic as they don’t want to ask any disability-related questions- which ultimately the American Disabilities Act (ADA) does not allow.
Using a questionnaire survey with specific answers for employees to choose from can help eliminate the risk of coming across as asking the wrong question. For example, an employer may ask employees to choose from the following:
(maybe show this list with checkboxes – not bullets?)
Similarly, it needs to be clear to employees that they should not include any other medical information. It is important to avoid structuring any questionnaire in a way that may persuade employees to share more than necessary.
It is up to the employer’s discretion if they want to end up requiring proof of vaccination. There are many factors to consider when making this decision such as:
Any employer that does require proof needs to communicate any relevant procedures and requirements that may apply. This includes:
There are vital considerations that organizations must take to avoid clashing with any labor/civil rights laws in doing so. For this reason, it is we recommend you to speak with a trusted HR partner/professional to make an informed decision.
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This article provides general information and shouldn’t be construed as legal or HR advice. Since employment laws may change over time and can vary by location and industry, please consult a lawyer or HR expert for advice specific to your business. You can also contact Payroll Systems to inquire about our HR support services.