EEOC Provides Guidance on Employee Vaccine Incentives

May 28 the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance related to the COVID-19 pandemic, addressing questions arising under the federal equal employment opportunity (EEO) laws and vaccinations.

Notably, the guidance says:

Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations.

Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic.

Employers that are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive.

Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the benefits of vaccination.

IWLA is pleased that the EEOC has provided additional technical assistance to clarify how employers may help increase vaccinations and strive to maintain a healthy workforce.

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