The Equal Employment Opportunity Commission (EEOC) issued updated Question and Answer Guidance on COVID-19 vaccinations today. The new guidance clarifies several issues that were making some employers reluctant to provide incentives to encourage employees to get vaccinated. They also provide some clarification for employers implementing vaccination policies that differentiate among vaccinated and unvaccinated employees. Below are some of the highlights from the new guidance:
While this guidance clarifies much with regard to vaccination incentives and the anti-discrimination laws carried out by the EEOC, there are other issues to consider before offering incentives for vaccination. For example: what are the tax implications of incentives? Will the incentive be viewed as a wellness program subject to additional rules and administrative complexity? Will it be viewed as an Employee Assistance Program?