Employers can mandate employees get the COVID-19 vaccine subject to reasonable accommodations for employees with disabilities, medical conditions, or a sincerely held religious belief. But many employers instead want to offer bonuses and other incentives to vaccinated employees.
The EEOC has confirmed that employers may offer vaccination incentives to employees as long as the incentives are “not so substantial as to be coercive.” Employers may offer these incentives to employees to provide documentation or other confirmation of vaccination from a third party, such as a pharmacy or health department. Request only proof of vaccination; be clear you do not want any additional medical information — asking for proof of vaccination or whether an employee is vaccinated is OK, but don’t follow up with further inquiries about why if they haven’t received the vaccine or don’t plan to.
Both mandates and incentive programs require caution. For more information, see this article summarizing current guidance and the EEOC’s Coronavirus webpage.
If you have questions, contact Sarah Kissel at sarah@scholznonprofitlaw.com.