Pitfalls to Avoid While Managing, Tracking COVID Vaccinations in the Workplace

March 31, 2021

While most employers aren’t mandating the COVID vaccine just yet, they still must tread carefully when it comes to managing and tracking vaccinated vs. non-vaccinated employees.

While the need to track those vaccinated can differ depending upon the industry, there are certain pitfalls to avoid in managing the process, experts say, including asking questions that could be perceived as a medical inquiry.

“The question is can employers ask if the employee is vaccinated?” says Domenique Camacho Moran, a partner at Farrell Fritz in Uniondale. “The answer is yes, but the challenge is that they want to be careful about asking any other questions.”

Asking further questions such as why they’re not getting vaccinated may result in disclosure of medical information that violates the Americans With Disabilities Act, she says.

So employers have to ask themselves what’s the benefit of knowing if employees are vaccinated, says Camacho Moran. “It could potentially cross lines of a medical inquiry.”

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  • Related Practice Areas: Labor & Employment
  • Featured Attorneys: Domenique Camacho Moran
  • Publications: Newsday