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Vaccine Incentives Guidance from EEOC Leaves Employers Guessing, Bloomberg Law

June 14, 2021

Partner Sharon Masling was quoted in a Bloomberg Law article about guidance from the US Equal Employment Opportunity Commission on incentives that could be offered to encourage employees to receive COVID-19 vaccinations. According to the article, wellness programs that mandate the disclosure of medical information must be voluntary under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act; however, there is some debate over what qualifies as voluntary. Sharon said that while most small incentives employers are providing for employees who opt to receive a vaccine likely wouldn’t be considered coercive, there is still confusion if “employers have to provide an incentive, such as a cash bonus or raffle tickets, to people who cannot get the vaccine because of disability or sincerely held religious beliefs.”

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