Insight

Employer-Provided Incentives for Vaccinations—Finally Some Guidance

Employer-Provided Incentives for Vaccinations—Finally Some Guidance

Melissa H. Weaver

Melissa H. Weaver

June 17, 2021 09:27 AM

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:

  • Employers may require that all employees physically entering the workplace be vaccinated, subject to making reasonable accommodations for disabilities and sincerely held religious beliefs.
  • Sample reasonable accommodations include having unvaccinated people wear masks, work socially distanced, work modified schedules, get periodic COVID-19 tests, telework or, as a last resort, accept reassignment.
  • Employers who implement vaccination policies or require documentation of vaccination should notify employees that they will consider requests for accommodations on an individualized basis.
  • Employers should educate managers on how to recognize an accommodation request and how to handle the request.
  • Employers may rely on Centers for Disease Control and Prevention (CDC) recommendations when deciding whether an effective accommodation is available that will not pose an undue hardship on the employer.
  • Employers may offer incentives to employees to voluntarily provide proof of vaccination without any limit on the incentive so long as the vaccination is administered by someone independent of the employer (a pharmacy, the health department, etc.).
  • If an incentive is being offered to an employee to receive a vaccination administered by the employer or someone retained by the employer to provide the vaccine, there are different standards and considerations. For example, incentives need to be limited so they are not perceived as coercive.
  • Employers are reminded to keep all vaccination information as confidential medical information once received.

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?

Reach out to the Brooks Pierce Labor and Employment team to help formulate your vaccination policy and structure incentives.

Related Articles

Announcing the 2022 Best Lawyers: Family Law Publication


by Best Lawyers

Featuring the top legal talent in Family Law and Trusts & Estates.

Image that aligns with article content.

Inoculation Disputation


by Justin Smulison

Vaccine uptake has become one of the most contentious issues in American life. Divorced parents who disagree about it are creating a welter of new custody cases in family court—and precedent is scarce.

Image that aligns with article content.

Fake Vaccination Card Crackdowns Impact Criminal Law


by Justin Smulison

Those who are making, selling and buying fake COVID-19 vaccine cards are facing federal and state charges.

Image that aligns with article content.

Can Employers Legally Require Their Employees to Get a COVID-19 Vaccine?


by Candace E. Johnson

With the COVID-19 vaccine more widely available now, many employers are asking if they can require employees to receive the vaccine and what risks are involved in doing so.

Image that aligns with article content.

With Reservations: Vaccine Liability and Restaurant Risk in 2021


by Justin Smulison

Navigating vaccine mandates, liability shields and legal risks for eateries in the pandemic recovery era.

Image that aligns with article content.

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Build Your Legal Practice with Effective Online Networking


by Jamilla Tabbara

How thoughtful online networking supports sustained legal practice growth.

Abstract web of connected figures symbolizing online networking among legal professionals

Blogging for Law Firms: Turning Content into Client Connections


by Jamilla Tabbara

How law firms use blogs to earn trust and win clients.

Lawyer typing blog content on laptop in office

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

As Fla. Pushes to Repeal Controversial 'Free Kill' Law, DeSantis Signals Veto


by Bryan Driscoll

The fight to transform state accountability standards may be in trouble

free kill law hed

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Key Issues to Tackle on Law Firm Landing Pages


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics