Is it a “disability-related inquiry” under the ADA to ask about or request documentation that an employee obtained the COVID-19 vaccine from a third party in the community, such as a pharmacy, primary physician, or public clinic?
According to the EEOC, when an employer asks employees whether they have obtained the COVID-19 vaccine, the employer is not asking a question that is likely to disclose the existence of a disability. Therefore, requesting documentation or other confirmation of vaccination by a third party in the community is not a disability-related inquiry under the ADA, and the ADA’s rules about such inquiries do not apply.
Keep in mind however, that documentation or other form of confirmation of vaccination provided by an employee to the employer is medical information about the employee, and like all medical information, must be kept confidential and stored separately from the employee’s personnel files under the ADA.
Blog by Janine Lehman, RN, RAC-CT, CLNC, Proactive Medical Review
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