Skip to main content
Home

Main navigation

News & Analysis Policies & Forms Your Library Attorney Network
News & Analysis Policies & Forms Your Library Attorney Network

User account menu

Sign in Get Started
x

You're signed out

Sign in to access subscriber actions.

3 things to consider before requiring vaccine passports at workplace

June 2021 employment law letter
Authors: 
Glenn Rissman, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

COVID-19 vaccine passports seem to be the hot-button issue of the day. Most of the media coverage and remarks from politicians have focused on companies requiring customers, guests, or students having proof of vaccination before returning to school or entering the business. But what about employers? Can you require a new worker to present proof of vaccination as a condition of employment or provide a hiring preference to applicants who have been vaccinated?

What EEOC has said

The Equal Employment Opportunity Commission (EEOC) has made it clear that employers, with some exceptions, can require employees to be vaccinated for COVID-19. You need to make an accommodation for employees who have a disability or raise objections on the grounds of a sincerely held religious belief or practice.

The EEOC also has stated that requiring an employee to show proof of a COVID-19 vaccination isn’t a disability-related inquiry. The agency, however, hasn’t squarely addressed the issue of vaccines or proof of vaccination during the hiring process.

Key factors

Logically, it would seem that if you can make COVID-19 vaccinations mandatory for employees, you also can require applicants to provide proof of vaccination as a condition of employment. I largely agree, but here are three factors you should consider before you require applicants to provide proof of vaccination or make getting the shots a hiring preference:

Continue reading your article with a HRLaws membership
  • Sign in
  • Sign up
Upgrade to a subscription now
to get unlimited access to everything on HR Laws.
Start subscription
Any time

Publications

  • Employment Law Letter
  • Employers State Law Alert
  • Federal Employment Law Insider

Your Library Reading List

Reading list 6
Creating List 7
Testing

Let's manage your states

We'll keep you updated on state changes

Manage States
© 2025
BLR®, A DIVISION OF SIMPLIFY COMPLIANCE LLC | ALL RIGHTS RESERVED

Footer - Copyright

  • terms
  • legal
  • privacy