Partner Sharon Masling was quoted in a Bloomberg Law article about more employers offering financial incentives in exchange for their employees getting the COVID-19 vaccine. The quickly evolving situation touches on a number of areas in employment law, including health privacy laws and the Americans with Disabilities Act (ADA). In the article, Sharon said who administers the vaccine also could be a factor in whether ADA requirements apply. “Where this becomes an issue is not in respect to the vaccine itself, but rather the screening questionnaires prior to getting a vaccine,” she said. An employer could presumably avoid that issue if the employer incentivizes the employee to get the vaccine from an unrelated third party, like a local pharmacy or public health agency, which would then pose the screening questions. “If that’s the case, then there are no limits on incentives,” Sharon said in the article.
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