Late last week the Equal Employment Opportunity Commission (EEOC) finally released long-awaited guidance on permissible incentives employers can offer employees for receiving a COVID-19 vaccination without running afoul of the ADA and GINA. Below is a brief overview of the EEOC's guidance.
Employers may provide employees and their family members with information to educate them about COVID-19 vaccines, raise awareness about the benefits of vaccination, and address common questions and concerns.
Employers may offer an incentive to employees to voluntarily provide documentation or other confirmation of a vaccination received in the community.
Employers may offer an incentive to employees for voluntarily receiving a vaccination administered by the employer or its agent as long as the incentive is not so substantial as to be coercive (the guidance is silent on what exactly this means, however).
Employers may offer an incentive to employees to voluntarily provide documentation or other confirmation that their family members have been vaccinated in the community.
Employers may not offer an incentive to employees for an employee's family member being vaccinated by the employer or its agent (however, employers may offer an employee's family member an opportunity to be vaccinated without offering the employee an incentive).
It is also important to keep in mind that employers must keep vaccination information confidential pursuant to the ADA.
The EEOC's full technical assistance guidance is available here.
Employers are advised to consult with their legal counsel regarding specific questions or concerns. If you have any questions, or need assistance, please feel free to contact Jeremy D. Iosue or Jason T. Hartzell at (216) 651-0451.
This Employment Law Alert may provide an overview of specific federal and/or state laws and regulations. It is not intended to be, and should not be construed as, legal advice for any particular situation or individual.
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