The short answer is yes, your employers can ask about your vaccine status. However, there is a caveat to this that we will explore in this blog post. In particular, we will focus on The Fair Employment and Housing Act (FEHA) and its role in the discussion.
Understanding The Law
Under FEHA, an employer cannot discriminate against an employee with a disability or perceived disability. This includes refusing to hire them, terminating their employment, or denying them a promotion or other work opportunities. Additionally, an employer cannot ask an employee about their medical history or require them to take a medical exam unless it relates to the job and is consistent with business necessity.
Your Rights as An Employee
So does the FEHA all relate to vaccines? Let's say an employee has a disability that prevents them from being vaccinated. In this case, reasonable accommodations would need to be provided to the employee. This could include allowing work from home, modifying their job duties, or changing their work schedule.
If your employer does not provide you with reasonable accommodation or discriminates against you based on a disability, you may have grounds for a lawsuit. It is highly recommended to get the help of an experienced employment lawyer. A lawyer will be able to help you understand your rights as an employee and provide guidance and the best course of action for your situation.
How We Can Help
If you believe your employer has discriminated against you based on your disability or medical condition, including your vaccination status, contact the Law Office of Jeffrey D. Fulton today. We can help determine if you have a valid claim and take the necessary steps to protect your rights.
Call us today at (916) 318-3388 or fill out our online form to schedule a consultation to find out how we can help you submit a claim.