The Fourth Amendment does not prohibit questions about vaccination status
Some people claim that The Fourth Amendment of the United States Constitution and Title III of the U.S. Civil Rights Act prohibit businesses from asking people for proof of vaccination.
This is false. It does not violate the Fourth Amendment (protection against unreasonable searches and seizures) or the 1964 Civil Rights Act (laws against discrimination based on race, color, religion, sex) for a business to ask customers or employees for proof of vaccination, according to legal experts. However, states may prohibit businesses from requiring proof of vaccination for service, as Florida has done.
HIPAA does not prohibit most questions about vaccination status
Another area of confusion are Health Insurance Portability and Accountability Act (HIPAA) laws. A couple of months ago, Rep. Marjorie Taylor Greene, (R-Ga) was asked whether she had been vaccinated, as she had refused to wear a mask on the House floor in breach of House rules. Greene told reporters that asking her about her vaccine status was a HIPAA violation, but this was not correct as HIPAA does not apply in such situations.
Contrary to popular belief, HIPAA does not provide protection from questions in in every kind of situation. In addition, not all individuals and organizations are required to comply with it. Only certain individuals and organizations with access to your medical information are subject to the HIPAA Privacy Rule, such as healthcare providers, health plans, such as health insurance companies and health maintenance organizations.
Yes, the boss can require employees to be vaccinated
Employers can legally require COVID-19 vaccination for employees to re-enter the workplace and can provide incentives to encourage employees to get a shot, according to new guidance issued by the Equal Employment Opportunity Commission.
Companies are still required to provide reasonable accommodations for employees who are exempt from mandatory immunization based on the Americans with Disabilities Act, Title VII of the Civil Rights Act and other federal laws.
Can we treat the unvaccinated like pariahs?
In the same way that rate of cigarette smoking dropped from about 45% of the US adult population to about 15% now, in part because of various prohibitions against smoking in public places, society needs to place similar pressure on the unvaccinated.
We are already on that path. Workplaces, colleges, medical offices, senior living centers, sports arenas, theatres, cruise ships among other places and situations are inquiring about and/or requiring Covid vaccination. Covid vaccination is required to visit some countries.
In the same way that smokers who have long known that smoking is unhealthy needed the extra incentive of being inconvenienced by smoking ordinances, etc. to kick the habit, the unvaccinated need to miss out on certain good things in life (including a job) until they are vaccinated.