The Equal Employment Opportunity Commission today issued revised guidance on COVID vaccinations, which include long-awaited guidance on employer incentives for employees to be vaccinated. The revised guidance related to vaccinations is available here.

The highlights on vaccination incentives are as follows:

  • Employers may generally provide incentives to employees to be vaccinated against COVID-19. If the employer or its agent is administering the vaccinations, the incentives cannot be substantial enough to be “coercive.” If the employer is merely accepting proof of vaccination from a third party who is not an agent of the employer, there is no limit on the incentives that may be offered. This general rule applies under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.
  • Employers may not offer incentives to employees to have their family members vaccinated against COVID-19. This would violate the GINA.
  • Employers may, however, offer vaccinations to employees’ family members, as long as no incentive is offered to the employee and certain other protocols are followed.
We will be back with a more detailed analysis of the revised vaccination guidance.

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