Better Late than Never...The EEOC OKs Employer Vaccine Incentives

Miller & Martin PLLC Alerts | June 02, 2021

Author: Stacie Caraway

This may be too late in the game to do much good, but the EEOC updated its “Technical Assistance Guidance Regarding COVID-19, the ADA, the Rehabilitation Act and Other EEO Laws” on Friday, May 28 to say that employers can offer incentives to employees to be vaccinated. They can even offer incentives to encourage employee family members to be vaccinated.

The only caveat to this is employers still cannot offer anything “of significance” if the employer is providing the vaccine. Employers also cannot offer any incentive for family members to be vaccinated if the employer is providing the vaccine. In order to offer incentives, the employer must allow the employees and family members to be vaccinated wherever they choose and merely provide documentation to the employer that the individuals have been vaccinated.

Any vaccine documentation should be kept confidential.

As always, please feel free to contact any member of our Labor & Employment Law Practice Group if we can be of further assistance regarding your vaccine or other return-to-work questions relating to COVID-19.

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