Can My Employer Ask Me to Prove COVID-19 Vaccination?


With rising concerns about the COVID-19 delta variant spreading across the nation, many employers are requiring their employees to provide proof that they have been vaccinated or require that they wear masks and comply with routine COVID-19 testing.  The U.S. Centers for Disease and Prevention (CDC), as well as state and local public health authorities, have recently eased safety guidelines and recommendations for those who have been fully vaccinated.  However, due to the surge of increasing COVID-19 delta variant cases, the CDC and other public health authorities have now recommended that fully vaccinated people wear masks in specific indoor establishments.

The federal government and some state and local governments require certain public employees, health care employees, and other employees who work in high-risk work environments, to show evidence of COVID-19 vaccination or take weekly COVID-19 tests, wear masks, and practice safe distancing from other employees and guests or clients.

What Are Your Rights as an Employee?

According to the CDC, the Emergency Use Authorizations (EUAs) do not mandate COVID-19 vaccinations nor does the Food and Drug Administration (FDA).  However, it is the matter of state or other applicable law that determines if a state government, municipal government, or employer can require COVID-19 vaccination.

In certain circumstances, employers can require that their employees who attend the physical work site receive COVID-19 vaccination, just like other flu vaccinations.

However, in July 2021, the CDC stated that it is a matter of state or other applicable law regarding whether an employer can require or enforce COVID-19 vaccination on employees. If an employer requires employees to submit verification of COVID-19 vaccination from a pharmacy or their own healthcare provider, the employer cannot require the employee to report any medical information as part of the verification.

How the Law Protects Your Rights

Listed below are the standards an employer must meet to enforce a mandatory workplace vaccination program that protects your rights according to employment law:

What Accommodations Your Job Can Make 

The ADA and other relevant laws require the employer to provide accommodations as necessary.  However, factors such as whether the accommodations would cause the employer disproportionate hardship, severe difficulty, or cost are also considered.  Should the employer reasonably determine that an unvaccinated employee is to be a safety risk, the employer must consider if a reasonable accommodation may decrease or remove the risk. Employers can offer employees who have not been vaccinated the requirement to wear masks, undergo COVID-19 testing continuously, or be offered the choice to work remotely.

What an Los Angeles Work Place Attorney Can Do for You

The Los Angeles workforce is diverse and sometimes can be a difficult experience.  Employers do not always look in the best interest of their employees.  Sometimes employers break employment laws in their interest or the interest of the company.  Regardless of the reason, it is unacceptable and a violation of the law and your rights as an employee.  At Neal-Lopez Law Group, our team of experienced and result-driven Los Angeles employment attorneys is ready to fight for your rights.  Our Los Angeles workplace lawyers are dedicated to ensuring all workplaces follow employment law.  If you have any concerns or need a Los Angeles Employment Attorney, please do not hesitate to call us today.