May an employer ask an employee about his or her vaccination status? And may the employer then take an adverse employment action based on that status? A recent case from the U.S. Court of Appeals for the Fourth Circuit, Finn v. Humane Society of the United States, found that employers can do both without violating the Americans with Disabilities Act (ADA). The appellate court also offered guidance on what is sufficient to plead a religious discrimination claim under Title VII of the Civil Rights Act of 1964. Although this case arose in the context of COVID-19, employers may be considering vaccination mandates in light of the current widespread flu outbreaks.
