Adopting Mandatory COVID-19 Vaccination Programs – Update

Pessin Katz Law, P.A.

Pessin Katz Law, P.A.

Some employers have made headlines by offering employees incentives to get the COVID-19 vaccination, including paid time off and high value gift cards, among others. But do those incentives violate federal law? Time will tell.

On February 1, a group of organizations representing national employers, including the U.S. Chamber of Commerce, sent a letter to the Equal Employment Opportunity Commission requesting that it “quickly issue guidance clarifying the extent to which employers may offer employees incentives to vaccinate without running afoul of the Americans with Disabilities Act and other laws enforced by the EEOC.” The request was necessitated by recent guidance issued by the EEOC, discussed in our article last month.

In that recent guidance, the EEOC did not provide any other information about what an employer must do to ensure that its program is considered voluntary or the types of incentives that are legally permissible.

Faced with uncertainty about which incentives are legally permissible, some employers are reluctant to begin a vaccination incentive program while others dove right in. In any event, employers who choose to adopt a voluntary vaccination policy should carefully consider the type and value of incentives they offer as well as the method of administering the vaccine. Stay tuned, as our Labor and Employment team is keeping close tabs on any guidance from the EEOC.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pessin Katz Law, P.A. | Attorney Advertising

Written by:

Pessin Katz Law, P.A.

Pessin Katz Law, P.A. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.