According to Indeed's Hiring Lab data, job postings on the site requiring applicants be vaccinated rose by 90% in July. While roles with these requirements are still in the minority, the increase follows a trend from prior months, albeit a sharp acceleration.
Also of interest, only a portion of those roles explicitly call out Covid-19 vaccination, versus a general one. But the implication is a pretty loud one.
In addition, the requirements are increasing across all sectors.
The Equal Employment Opportunity Commission (EEOC) has clarified that asking employees whether they have received the COVID-19 vaccine is not a disability-related inquiry under the ADA.
"It's critical, though, that employers and their hiring teams don't overstep," according to Carolyn Rashby, an attorney with Covington & Burling in San Francisco. "While asking about the vaccination itself will usually be permissible, follow-up questions that may reveal a disability can be asked only if they are job-related and consistent with business necessity." Any follow-up questions, such as asking why an individual didn't receive a vaccination, should be reserved until after making a job offer, she added.
According to employment-law firm Fisher Phillips LLP, employers should keep these points in mind when it comes to inquiring about applicant vaccination status:
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