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during the recruiting process, but also provides a level of transparency that applicants appreciate. Because vaccination would be considered a condition of employment in this situation, you can ask candi- dates about their vaccination status during the interview process. In fact, job seekers are starting to promote themselves as ‘fully vaccinated’ on applica- tions, resumes and LinkedIn profiles to stand out. Where you need to be careful is how you ask about vaccination and appropriate follow-up questions.
Prior to making a conditional job offer to an applicant, disability-related inquiries and medical exams are generally prohibited. They are permitted between the time of the offer and when the applicant begins work, provided they are required for everyone in the same job category. There could be several reasons why a job seeker isn’t vaccinated – some of which may be protected, while others are not. So, if a person indicates that they are not fully vaccinated, ask if they are willing to become fully vaccinated within XX days of hire as a condition of employment. If the answer is no again, then follow up with the statement, ‘If you require an accommodation, please provide the reason for such accommodation,’ as opposed to simply asking, ‘Why not?’. You want to keep this line of questioning focused on the job requirements to determine if an accommodation is required or permitted. You may develop a form for individuals to fill out to request an accommodation so that your process is consistent. Depending on your workplace and other legal requirements, accommodations may include policies that require unvaccinated employees to wear a different type and grade of PPE, undergo regular COVID testing or work remotely. If a reasonable accommodation can’t be
made, or the reason given for not being vaccinated has nothing to do with a protected classification (disability or religion), then the applicant may no longer be a viable option for your open position.
If your company doesn’t currently have a mandatory vaccination policy, but you highly encourage vaccination and would like to hire applicants who would further this trend, my advice is slightly different. In this situation, vaccination status becomes more of a preference rather than a condition of employment. As such, I wouldn’t list it in your job posting, nor would I use it as the sole reason for disqualifying a candidate. If you want to know their stance on vaccination, you might say something like, ‘While we don’t currently mandate vaccination in our workplace, we do highly encourage it. In the future we may shift to a policy where we do require it. Would that affect your interest in this position?’ A question like this gets at the heart of what you really want to know and it provides a level of transparency to the candidate about how you view the importance of vaccination. They can then decide whether or not they would like to continue pursuing this opportunity based on that information. Even if you do not mandate the vaccine, you can still require employees to provide proof of vaccination (if they have received it) upon hire as there are different rules that apply for quarantining based on whether an individual is fully vaccinated or not.
At the end of the day, it is not illegal to ask questions about vaccination status, but which questions you ask and when you ask them in the process will differ based on the conditions of employment and the type of job seeker you are looking to attract.
Jodi Schafer is a certified Senior Professional in Human Resources (SPHR, SHRM-SCP) and the owner of Human Resource Management Services. Jodi has a bachelor's degree in psychology and education from Kalamazoo College and over 20 years of experience in human resource management. She was recognized as one of the ’10 Over the Next Ten’ in the next generation of business leaders by the Lansing Regional Chamber of Commerce, and accepted the MSAE Association Choice award on behalf of HRM for the consulting services category. Jodi sits on several statewide committees focused on human resource policy and leadership development. She is a regular contributor to various industry publications and author of a ready-to-use HR system for small employers. Jodi conducts speaking engagements and training seminars on all aspects of human resources including employee relations, leadership skills, performance development, on-boarding, recruitment and retention.
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