Let me respond. Per the EEOC, employers are well within their rights to ask employees about their vaccination status, regardless of the OSHA rule, and may require employees to provide documentation or other confirmation of COVID-19 vaccination. Since the status of being vaccinated for COVID-19, or not, is not a protected class/category, it is therefore not “discriminatory” to ask.

That said, pursuant to EEOC guidance, information about an employee’s COVID-19 vaccination is a confidential medical information, and in compliance with applicable law, we will maintain the confidentiality of any and all records submitted in response to our request regarding vaccination status.

While the new OSHA rule regarding mandatory vaccine policies has been stayed by the Fifth Circuit Court of Appeals (and it is not clear if that stay applies nationwide or only in the Fifth Circuit), several lawsuits are pending and the matter has just been consolidated in the Sixth Circuit for further litigation. While the rule may ultimately be upheld or thrown out, we need to begin to take steps to comply in case it is upheld.

We understand your concern, but please know that our request is legal and consistent with the practice of many other companies in our industry.

Thanks and let me know if you have more questions.


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