Stan Fainzilberg on disclosing vaccination status

Interview Summary

Employers and employees are once again questioning what the next phase of the pandemic will mean for the workplace. As more individuals across the country are vaccinated, what will this mean for employee privacy rights? Will employers be permitted to ask if an employee has been vaccinated?

Stan Fainzilberg, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Sean O’Shea on Global News to explore disclosing an employee’s vaccination status in the workplace.

Interview Notes

Will employers be permitted to ask if an employee is fully vaccinated?

There could be circumstances in which employers are within their rights to ask if an employee has been fully vaccinated. Much like the screening questions regarding COVID-19 before entering certain establishments or the workplace, vaccine screenings could become more common.

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• Can my employer force me to get vaccinated?
• How to respond if your boss is pressuring you to get a COVID-19 vaccine

Will an employee’s right to privacy prevent employers from asking questions regarding vaccination?

Employers will have to balance the rights of an employee, particularly those who have medical conditions or religious reasons for refusing to be vaccinated, with the overall health and safety of the workplace. Employers should remember that employees cannot be discriminated against in the workplace regarding their vaccination status.