logo
Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
Brief Publisher Logo
FACT BRIEF

Does federal law prohibit businesses from asking whether you’ve been vaccinated?

By Ali Swenson
Copy link
email
Copy featured image
email
NO

Legal experts say federal laws don’t block businesses from asking customers or employees if they’ve received a COVID-19 vaccine. However, states may ban businesses from requiring customers to show proof of vaccination, as Florida has done.

Claims that the Fourth Amendment restricts businesses from asking about vaccines are false. The amendment’s protection against “unreasonable searches and seizures” only applies to the government, not businesses.

The 1964 Civil Rights Act also isn’t applicable. Businesses do have special considerations around discrimination outlined in the Americans With Disabilities Act and the Civil Rights Act, but these would not preclude a company from asking a customer or employee about vaccination status.

Federal law restricting the release of medical information doesn’t apply to most businesses either. The law, known as HIPAA, only protects health information handled by health care entities, like hospitals.
 

This fact brief is responsive to conversations such as this one.
Sources
AP News Federal law allows businesses to ask for proof of vaccination
ABOUT THE CONTRIBUTOR
The Associated Press
The Associated Press is an independent global news organization dedicated to factual reporting. Founded in 1846, AP today remains the most trusted source of fast, accurate, unbiased news in all formats and the essential provider of the technology and services vital to the news business.
FACT BRIEF BY
Brief Publisher Logo
Latest fact briefs
facebook
twitter
email
email
About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.