THE QUESTION
Can a private company issue a vaccine mandate for their customers?
THE ANSWER
Yes, private companies can mandate vaccines for their customers because it is not considered discrimination against a protected class.
WHAT WE KNOW
Our legal experts said that private companies are legally allowed to require proof of vaccination for their customers.
"Yes, they can do that," said Gostin. "It's not unlawful at all... You've seen it throughout the pandemic, and even before the pandemic -- No shirt, no shoes, no mask, no service. They can add vaccinations to that."
A private company cannot ban service in a discriminatory way, targeting a protected class. But, this does not apply to those who choose to be unvaccinated.
"The only limitation that I have is they can't discriminate against you because of your race, or your sex, or your sexual orientation, or your disability," said Gostin. "But they can certainly set reasonable safety conditions for shoppers."
Our experts said that this also applies to venues, like concert halls.
"Just like - you know - I can scan you for weapons, or I can prohibit you from smoking, or even prohibit you from coming in drunk," said Gostin. "You're posing a risk to their other clients. You're literally exposing them to a deadly disease."
More companies are deciding to require proof of vaccination every day. The Verify team is breaking down the legal details.
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