As a few states begin to open vaccine spots to all of us 16 and older, it is a query employers can also locate themselves looking to invite.
Employers need to be careful in asking follow-up questions, Hawes stated: Why haven’t you been vaccinated? How did it go? Did you’ve got any side results? Those questions may cause the ADA, GINA or both, according to Hawes.
It’s vital for employers to remember that the ones follow-up questions and comparable inquiries aren’t outright banned. “There may be legitimate motives that an organization would need to ask some observe-up questions,” Hawes said. Before employers ask such questions, they need to assess why they need the information, how they may use it and how the ones elements ought to create capacity discrimination problems.
Employers have to have the ability to reveal that their need for the facts is process related and consistent with business necessity, Hawes said. “This can be kind of a high bar, especially on this context, so I assume most employers are seeking to keep away from these questions.”
