Vaccine Tracking Your Employees – It’s Past Time


With about half of the U.S. working age, vaccine-eligible population now vaccinated, employers want to know which of their employees got the shot.  Many employers are under the impression that mandatory vaccine reporting and tracking is only possible when the employer mandates vaccination.  Not true.  Vaccine tracking is permissible under federal law regardless of whether your vaccine policy is mandatory or voluntary—and its relevance is now front and center.  (In fact – perhaps in response to the federal position - several states have proposed, but have not yet enacted, bans on private employers requiring proof of employee vaccination status.)  The issue certainly falls in the Pandora’s box category.  Here is a look inside:

Mandatory Reporting: 

Confidentiality: 

Veracity Concerns: 

The veracity of employee vaccine reporting is a concern; for example, the CDC card is easily forged.  There are a few choices here: 

Reporting Compliance: 

The culture is emerging from the pandemic and, as we hope to maintain momentum in the face of new viral mutations, employers should not fly blind about the vaccine status of their people.


© 2024 Foley & Lardner LLP
National Law Review, Volume XI, Number 159