There are many legal opinions that agree on the legal theory that employers can require employees to obtain the COVID vaccination as well as require a COVID vaccination as a condition of employment. This certainly places a burden on those who choose not to receive the vaccination for a variety of reasons. Leaving employees to believe if they want a job and the employer requires its employees to be vaccinated, workers have no options other than to get vaccinated and stay employed, or not get vaccinated and be terminated or unemployed.

However, Florida Governor Ron DeSantis signed an Executive Order that prohibits an employer from asking an existing employee or an applicant for employment whether they had been vaccinated or to show proof of vaccination.

Employees may refuse to disclose their vaccination status and employers cannot ask about an employee’s vaccination status. In other words, an employer can require an employee to be vaccinated, but the employee does not have to prove they are vaccinated. Confusing for everyone, indeed.

The Florida population is approximately 60% vaccinated*, so until the Courts decide which legal standing has precedence over the other; be informed, and be prepared for your employer or employees to hold a different position than you do, with legal reasoning behind them. dated Sept. 4, 2021