Tampa, FL asked in Employment Law for Florida

Q: Can my boss force me to wear a mask at work that says "Not Vaccinated" on it?

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1 Lawyer Answer
Jay P. Lechner
Jay P. Lechner
  • Tampa, FL
  • Licensed in Florida

A: No. Information about an employee’s COVID-19 vaccination status is considered confidential medical information under the ADA. Additionally, under Florida law, every employer who provides health insurance benefits "shall maintain the confidentiality of information relating to the medical condition or status of any" covered person and may be liable for damages "of $1,000 or actual damages, whichever is greater."

According to the EEOC, the ADA requires an employer to maintain the confidentiality of employee medical information, such as documentation or other confirmation of COVID-19 vaccination. While the EEO laws do not prevent employers from requiring employees to bring in 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. Employers must make every effort to limit the number of people to whom they provide this information, and the information must not be used for any purpose inconsistent with the ADA.

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