According to the U.S. Equal Employment Opportunity Commission (EEOC), the Americans with Disabilities Act (ADA) restricts what an employer may ask job applicants regarding medical questions, taking a medical exam, or identifying that one has a disability.
For example, an employer may not ask a job applicant, if if the applicant has a disability, even if obvious. However, an employer is allowed to ask applicants whether they can perform the job and how they would perform the job. To learn more about restrictions on employer questions during the hiring process and guidance relating to ADA, visit the EEOC's website.
With regard to the rights of job applicants who have religious beliefs that prevent them from using vaccines mandated by a prospective employer, the EEOC states that job applicants have the same right to request a religious accomodation as an employee. The accomodation is based on how religion is defined in Title VII of the Civil Rights Act of 1964 and is enforced by the EEOC. This section of the Civil Rights Act prohibits discrimination relating to employment based on religious beliefs. The EEOC provides more information in Section 12: Religious Discrimination; EEOC Guidelines on Discrimination Because of Religion. Also see next item – Requesting Religious Accommodation to Exempt from Vaccines.
