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.

Key points:

• As of August 7, the share of job postings per million that require vaccinations were up 90% compared to a month earlier.
• Vaccination requirements in job postings are increasing across a wide range of sectors, including software development, marketing, education, and sales — many of which had not previously mandated vaccines.
• The share of software development postings requiring vaccinations increased by more than 10,000% in July from February 2021.

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:

• It is important that you understand whether state or local laws prohibit or require inquiry on vaccination status. In Montana, for example, lawmakers recently enacted a statute prohibiting employers from inquiring about, or requiring, vaccines. In contrast, Santa Clara County California requires that all businesses located within the county inquire on the vaccination status of their employees. Several other states have passed laws prohibiting state agencies or entities from requiring their employees to be vaccinated, but these laws do not apply to private employers.
• You will also want to determine why you’re asking about vaccination status. Before you start asking applicants about whether they’re vaccinated, make sure you have a business reason for doing so and the inquiry is related to the job for which the applicant is applying. There are myriad legitimate reasons for making the inquiry, including if your company is a part of an industry that is required to be vaccinated (such as healthcare workers in California) or if your organization has mandated that some or all of your employees be vaccinated.
• If your company has mandated vaccines, you will want to make sure that this is listed on the job posting as a condition of employment. You will also need to make it clear in your job advertisement that the company is an Equal Opportunity Employer and reasonable accommodations will be considered as described in more detail below.

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