Fixed Ops Magazine - 2021 Vol18 04 - 61

ARE VACCINATION INCENTIVES LEGAL?
On May 28, 2021, the Equal Employment Opportunity
Commission (EEOC) offered guidance to employers
regarding voluntary vaccinations. In essence, the
EEOC approved incentive programs. But, the approval
was accompanied by important reminders that, in
offering incentives to employees, employers need to
abide by certain guidelines. Specifically, employers
must not run afoul of certain federal statutes, which require
employers to treat all employees equally or provide
accommodations when necessary. Federal Statutes
requiring equal treatment of employees include
Title VII of the Civil Rights Act of 1964, the Americans
with Disabilities Act, the Genetic Information Nondiscrimination
Act and the Rehabilitation Act among others.
With regard to vaccinations, these statues prohibit
discrimination of employees with sincerely held religious
beliefs and disabilities.
HOW DO EMPLOYER INCENTIVES WORK?
" An employer may offer incentives for employees to
voluntarily provide documentation or other confirmation
of vaccination obtained from a third party (not
the employer) in the community, such as a pharmacy,
personal health care provider, or public clinic, " according
to EEOC technical guidance. Basically, businesses
can offer certain incentives in exchange for proof from
a health care provider or pharmacy that the employee
was fully vaccinated.
Employers must also make sure their employees understand
that participation in vaccination incentive
programs is voluntary. This point is essential so that
employees who do have sincerely held religious beliefs
or disabilities (i.e., which may prevent them from
getting the vaccine) are not discriminated against or
feel they will be treated differently if they do not participate.
Furthermore,
although employers may want to include
their employees' family members in their incentive
programs, the EEOC has advised that incentives in exchange
for family member vaccinations are prohibited.
It is also important to note that if an employer offers
an incentive program and collects personal health information,
vaccination records must be kept confidential
pursuant to federal and state laws. Participation in
JULY AUGUST 2021
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Fixed Ops Magazine - 2021 Vol18 04

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