EEOC Guidance Issued on COVID Vaccine Incentives, Other Workplace Actions
By Kacey M. Coleman
On May 28, 2021, the EEOC issued guidance on dealing with COVID in the workplace. Part of this guidance is affirmation that vaccination incentives may be given to employees as long as the incentive “is not so substantial as to be coercive.” This is consistent with limited guidance issued in February and reinforces the advice that incentive should be “de minimis.” It also supports that it is acceptable to collect proof of vaccination only, such as a copy of an employee’s vaccination card.
Bottom Line:
Vaccination incentives may be given to employees as long as the incentive ‘is not so substantial as to be coercive.’ The full guidance may be found here on the EEOC website.
The EEOC guidance addresses a number of questions we know employers are facing with respect to what actions may be taken with respect to employees, such as inquiring about symptoms and related actions as well as leave policies and accommodations related to COVID.
The full guidance may be found here: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
As always should you have any questions about issues involving COVID and your employee do not hesitate to contact us.
Kacey Coleman is an employment litigator focusing on the defense of public and private employers against a multitude of allegations–including retaliation, harassment and discrimination. She counsels employers in all aspects of the employment relationship, and regularly provides in-house discrimination and harassment training for employers and employees. Kacey also serves as a special investigator of employee misconduct when circumstances require the investigation be handled by an independent investigator. Contact her a kcoleman@sturgillturner.com or 859.255.8581.