The Equal Employment Opportunity Commission Issues FAQs on COVID-19 Vaccine Programs and Incentives

The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 FAQs to address vaccine policies and vaccine incentives in the workplace.

This new and updated EEOC FAQ sheet endorses vaccine mandates and incentives under federal law, but employers should note that such programs may not be permissible under state or local law. 

Vaccine Mandate for Employees

Employers may require employees who will be entering the workplace to get the COVID-19 vaccine, as long as federal workplace anti-discrimination laws are enforced, such as the Americans with Disability Act (ADA), Rehabilitation Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Genetic Information Nondiscrimination Act (GINA).

Incentives for Getting Vaccinated

Employers can offer incentives to employees who show documentation of receiving the COVID-19 vaccine outside of work. Employers may offer incentives to employees who received COVID-19 vaccinations, as long as the incentives are not coercive. Due to vaccinations requiring employees to answer pre-vaccination disability-related screening questions, a large incentive could make employees feel pressured to disclose protected medical info.

Contact us today if you have any questions or you are looking for additional healthcare resources. We will continue to update you on all noteworthy healthcare and employee benefits changes at the federal and state level.

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