Legal Advice

We asked. Clayton Wire, an employment attorney with Denver’s Ogborn Mihm, LLP, answered.

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Weigh your need to know health information against your legal limitations. / Copyright: enki

Q: Is it legal for an employer to ask a job applicant if he or she is vaccinated?

A: “As a general matter, yes, and the employer may also ask for proof of vaccination. But the employer’s questions about medical information should stop there. Further questions could lead to medical inquiries protected under the Americans with Disabilities Act that should only be asked when necessary for the job. Also, employers should generally not make employment determinations based solely on vaccination status, unless vaccination is clearly a necessary requirement for the job; it leaves little room for religious, disability, or pregnancy accommodations that may be otherwise necessary.”

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