Does federal law prohibit businesses from asking whether you’ve been vaccinated?

Legal experts say federal laws don’t block businesses from asking customers or employees if they’ve received a COVID-19 vaccine. However, states may ban businesses from requiring customers to show proof of vaccination, as Florida has done.

Claims that the Fourth Amendment restricts businesses from asking about vaccines are false. The amendment’s protection against “unreasonable searches and seizures” only applies to the government, not businesses.

The 1964 Civil Rights Act also isn’t applicable. Businesses do have special considerations around discrimination outlined in the Americans With Disabilities Act and the Civil Rights Act, but these would not preclude a company from asking a customer or employee about vaccination status.

Federal law restricting the release of medical information doesn’t apply to most businesses either. The law, known as HIPAA, only protects health information handled by health care entities, like hospitals.