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?

Related Topics:
1 Lawyer Answer
Jay P. Lechner Esq.
Jay P. Lechner Esq.
PREMIUM
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.