The EEOC issued guidance on May 28 about what employers may or may not do about a wide range of COVID issues, including vaccine mandates and incentives. For example:
- May employers require employees to be vaccinated? Yes, but subject to reasonable accommodations for disabilities and other EEO considerations.
- May employers offer an incentive to employees who voluntarily provide proof of vaccination? Yes
- May employers offer an incentive to employees who voluntarily receive a vaccination administered by the employer or its agent? Yes, if the incentive (which includes both rewards and penalties) is not so substantial as to be coercive.