; and (B) regardless of whether someone has or has not been vaccinated against COVID–19, an individual's status with respect to having or producing proof of such vaccination in the form of a vaccine passport or other medical records that would demonstrate whether an individual has been vaccinated against COVID–19. 202. Discrimination prohibited (a) General rule No covered entity shall discriminate against a qualified employee on the basis of vaccination status, or the qualified employee’s unwillingness or inability to present a vaccine passport or other proof of having a COVID–19 vaccine, in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. (b) Construction (1) In general As used in subsection (a), the term discriminate against a qualified employee on the basis of vaccination status includes— (A) limiting, segregating, or classifying an employee in a way that adversely affects the opportunities or status of such employee because of the vaccination status of such employee; (B) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified employee based on vaccination status to the discrimination prohibited by this title (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs); (C) utilizing standards, criteria, or methods of administration— (i) that have the effect of discrimination on the basis of vaccination status; or (ii) that perpetuate the discrimination of others who are subject to common administrative control; (D) excluding or otherwise denying equal benefits to a qualified employee because of the known vaccination status of an individual with whom the qualified employee is known to have a relationship or association