Alabama Attorney General Issues Public Notice Summarizing State Law On Vaccine Requirements – Coronavirus (COVID-19)

On May 24, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 267 (Act No. 2021-493), a measure
prohibiting state entities and private businesses from requiring
individuals to show proof of vaccination in order to receive goods
or services. Following “an increase in legal questions related
to . COVID-19 vaccination[s],” Alabama Attorney General Steve
Marshall issued a public notice on July 26, 2021, summarizing
Alabama law on vaccination requirements and related matters.

The first page of the notice states in bold that
“no government, school, or business in Alabama may
demand that a constituent, student, or customer, respectively, be
vaccinated for COVID-19 or show proof of his or her vaccination for
COVID-19.” The public notice also clarifies that a
part of the statute protecting consumers of goods and services from
such demands “does not address employer-employee
relationships.”

The public notice goes on to state the following:

Thus, [the law] cannot be read to prohibit private employers
from requiring employees to vaccinate against COVID-19. While a
business may inquire about the vaccination status of a consumer or
request that unvaccinated consumers wear a mask or social distance,
the business may not require proof of vaccination or discriminate
against the consumer based on a refusal to confirm his or her
vaccination status.

Key Takeaways

Alabama’s recently enacted statute addressing “vaccine
or immunization passports” does not prohibit private employers
from requiring employees to receive COVID-19 vaccines. Further,
while Alabama retailers and other businesses may continue to
request that customers wear masks and/or social distance, the law
does not permit businesses to require proof of vaccination.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.