Can You Make Employees Prove They Got the COVID-19 Vaccine?

Whether you require or simply encourage your employees to get the COVID vaccination, you may decide not to let them enter the workplace unless and until they present proof of their vaccination status. Are you allowed to do that?

The short answer: Yes, provided that you follow some legal guidelines:

1. Don’t ask questions or seek to collect any medical information beyond the employee’s vaccination status—such as about what medical conditions they have or why they won’t get vaccinated;
2. Treat vaccine verification as private personal information, keep it secure and don’t disclose it except on a strict need-to-know basis;
3. Be prepared to accommodate employees to the point of undue hardship who can’t or won’t get vaccinated due to disabilities, sincerely-held religious beliefs and/or legitimate creed-based objections, which may include anti-vaxers;
4. Weigh all the accommodation options, including letting unvaccinated employees work from home or exemptions where allowing entry wouldn’t pose undue danger to others, e.g., because they agree to follow extra precautions like remaining physically isolated at all times and regularly self-monitoring.