How is this not a violation of EEOC/ADA laws about revealing personal medical information?

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Mask & Face Covering Guidelines - Effective June 28, 2021 and in accordance with CDC Guidance, masks and face coverings are now no longer required in our USA locations for fully vaccinated employees provided that state and local regulations permit such conditions. Fully vaccinated means that you have received the full cycle of vaccine doses based on your vaccine type and that a minimum of 14 days have passed since your last vaccination. While *The Company* is not requiring employees to be fully vaccinated in order to return to the office, only those who are fully vaccinated can exercise the option to not wear masks at this time. *The Company* is also not requiring employees to disclose their vaccination status. Given that vaccination choices, willingness to disclose vaccination status and desire to continue wearing a mask or socially distance even if fully vaccinated are personal decisions, employees are reminded to be respectful of their colleagues’ privacy and choices. However, in order to avoid wearing a mask, employees must voluntarily provide proof of their fully vaccinated status to Human Resources by presenting an authorized COVID-19 vaccination card.

Those employees who present such documentation will be provided a sticker that can be affixed to their ID and displayed to signify their vaccination status. Information regarding sticker distribution is location specific and is being distributed via separate email.

Any employee who does not have such a sticker affixed to their ID Badge must continue to wear a mask or face covering until further notice. Additionally, at any company location where state and local mask restrictions continue to be in effect, all employees must continue to wear a mask in accordance with current policy until further notice. Employees will be notified of any local guidelines and conditions that differ from this general policy. All contractors / visitors are subject to the same protocol.

Of course, anyone may continue to wear a mask or face covering at any time at their own discretion.

Social Distancing - Employees who have confirmed their vaccination status and received the sticker to affix to their ID will not be required to maintain 6 feet of social distance from other employees with the same status. For example, it will be permissible for more than 2 employees with vaccination stickers to ride the elevator together. It will also be permissible for 2 employees with vaccination stickers to sit at the same table in the cafeteria. Employees who do not have a vaccination sticker must still maintain 6 feet of social distance at all times.

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“Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.”

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“K.4. Is information about an employee’s COVID-19 vaccination confidential medical information under the ADA? (5/28/21)

Yes. The ADA requires an employer to maintain the confidentiality of employee medical information, such as documentation or other confirmation of COVID-19 vaccination. This ADA confidentiality requirement applies regardless of where the employee gets the vaccination. Although the EEO laws themselves do not prevent employers from requiring employees to bring in documentation or other confirmation of vaccination, this information, like all medical information, must be kept confidential and stored separately from the employee’s personnel files under the ADA.”

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