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How to Ask Employees About Vaccination Status

Loeb & Loeb New York Employment & Labor chair Ian Carleton Schaefer is quoted in an article by SHRM discussing how employers should construct vaccination status questionnaire or survey inquiries in a targeted manner so employees don't disclose disability-related information.

"Employers should be prepared for more vaccine exemption requests after surveying the unvaccinated workforce," said Ian.

"Soliciting unvaccinated employees to share their future vaccine intentions could trigger employees to divulge why they are not vaccinated," he continued. To the extent those reasons are protected—a medical condition such as a disability or pregnancy, or sincerely held religious belief—an employer "would be on notice of its obligation to engage in an interactive process and provide a reasonable accommodation, unless doing so would pose an undue hardship," Ian said.

Click here to read the article on SHRM’s website.