Jun 4, 2021, 12:42 PM
(From SHRM) Employers can legally require COVID-19 vaccination for employees to re-enter the workplace and can provide incentives to encourage employees to get a shot, so long as the incentive is not so substantial as to be coercive, according to new guidance issued Friday by the Equal Employment Opportunity Commission (EEOC). Because vaccinations require employees to answer pre-vaccination disability-related screening questions, the EEOC asserts that a large incentive could make employees feel pressured to disclose protected medical information. The guidance does not clarify which incentives may rise to the level of “substantial” or “coercive," however.
Employers are still required to provide reasonable accommodations for employees who are exempt from mandatory immunization based on the Americans with Disabilities Act, Title VII of the Civil Rights Act and other federal laws. The guidance also says that companies should work to find alternative arrangements for employees who are unable to get vaccinated for medical, disability or other reasons.
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