Can an employer request to see proof of the COVID-19 vaccination for any employee?

Yes. The Health Insurance Portability and Accountability Act (HIPAA) privacy rules would not come into play because they apply to employers only in their activities as group health care plan sponsors, not in their activities as employers.

The medical inquiry/confidentiality provisions of the Americans with Disabilities Act (ADA), however, do apply. The Equal Employment Opportunity Commission (EEOC), which enforces the employment provisions of the ADA, has indicated that asking employees for their vaccination status is not a medical inquiry, so an employer may ask employees to show their COVID-19 vaccine record without violating the ADA. Vaccination status, however, is medical information and must be kept confidential.