EEOC Issues Guidance on Employer Incentives for Vaccines

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued revised Technical Assistance Questions and Answers addressing COVID-19 and federal employment laws, such as the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  Today’s communication updates the EEOC’s prior pronouncement dated December 16, 2020 (see our earlier article here), and adds new guidance addressing employer incentives for employees who obtain voluntary vaccinations. 

Incentives to encourage people to get voluntary vaccinations and then requiring proof of the vaccine do not violate the ADA or GINA, so long as the incentive is not so substantial as to be coercive.  This incentive limitation does not apply if an employer offers an incentive to employees to voluntarily provide documentation or other confirmation that they received a COVID-19 vaccination on their own from a third-party provider, who is not their employer or an agent of their employer, as part of a wellness program.

If you have questions about COVID vaccinations and your workforce, contact a member of Nyemaster Goode’s Labor & Employment team.