Can we ask for proof of vaccination? originally appeared on Quora, the place to gain and share knowledge, empowering people to learn from others and better understand the world.

Employers can ask for proof of vaccination unless there is a state or local law or order to the contrary.

When an employer is requesting or reviewing medical information in its capacity as an employer, as it would be when asking about an employee’s vaccination status, it will be viewed (legally) as an employment record. In such cases, HIPAA would not apply to the employer. The ADA will govern the collection and storage of this information.

The Equal Employment Opportunity Commission (the EEOC), which enforces the ADA, has said that asking about vaccination is not a disability-related inquiry, though it could turn into one if you ask follow-up questions about why the employee is not vaccinated. Asking a yes or no question, or requesting to see the employee’s vaccination card, does not violate any federal laws or require proof that the inquiry is job-related.

Finally, just because employees think that something is or should be private or confidential doesn’t mean that they can’t be required to share it with their employer. Social Security Numbers, birth dates, and home addresses are all pieces of information an employee may not want to provide, but sharing is necessary and required. Vaccination status is similar. However, all of this information, once gathered, should not be shared by the employer with third parties, except on a need-to-know basis.

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