The EOCC has issued new guidance that allows employers to offer incentives to employees who have been vaccinated or may be considering getting the vaccine. There are two options for employers based on who administers the vaccine.
If employees offer documentation confirming vaccination from a pharmacy, public health department, or any other healthcare provide, then employers can offer any incentive they find appropriate without limitations.
If the employer is directly involved with the administering of the vaccine to employees, then incentives cannot be substantial enough to be coercive.
Employers are required to be confidential with vaccine information. Records must be retained and comply with all privacy rules of the state the employer is located. Although the EEOC allows incentives for employees; employee’s families cannot receive incentives under any circumstance. Giving family incentives is a violation of the Genetic Information Nondiscrimination Act (GINA) Title II health and genetic services provision. However, if the employer is involved with the administering of the vaccine, then the vaccine can still be offered to the family of an employee. If employees have legitimate reasons not be vaccinated, whether it be medical or religious related, then the same incentive being offered to vaccinated employees must be attainable through some other action. Failure to provide them with the same types of incentives may lead to claims under the Americans with Disabilities Act (ADA) or Title VII.