Attorney: Businesses in Kentucky can require proof of vaccination for employees, customers

LOUISVILLE, Ky. (WDRB) -- Although state guidelines for wearing face coverings in public have changed recently, businesses in Kentucky can choose to keep enforcing the rule.

Businesses also have the right to ask for proof of vaccination from patrons who choose not to wear a mask, according to Louisville attorney Demetrius Holloway.

Starting May 28, the curfew for businesses goes away and capacity limits increase to 75%. Once restrictions are lifted, the mask guidelines will still be in effect for people who aren't vaccinated.

Many places in Kentucky still have mask signs posted on doors and are asking people to social distance.

But what happens when someone doesn't want to wear a mask and are not vaccinated?

Health officials say people still need to wear a mask if they have not been fully vaccinated, and Holloway says businesses have the right to require proof of vaccination from customers who don't wear masks.

"An employer can require it, unless as I said before it falls under religious belief or disability related basis," said Demetrius Holloway, an attorney at Stites & Harbison PLLC.

"Therefore, I think termination could be an issue, but again I think there's some cases out there, nothing has been decided yet. We'll have to see where those go. I think trying to be reasonable with each other and working those situations out is the best case."

Holloway says it's also OK for businesses to ask employees and customers to prove their vaccination status. He says the CDC claims its a safety question, and it does not fall under the ADA restrictions where you can't ask medical questions.

Health officials say cooperation will be key as Kentucky starts to get back to full capacity on June 11.