Employers mulling risks, benefits of vaccination incentives and mandates

As the COVID-19 vaccination rollout progresses, many employers are wondering how far they can go toward getting their employees vaccinated. Back in December, the Equal Employment Opportunity Commission (EEOC) released guidance letting employers know they can legally require vaccinations for most employees, although federal law makes exceptions for certain people. But as vaccines are becoming more available, many employers are more interested in incentives instead of requirements. They have questions, however, about whether incentives pose a legal risk.

Unanswered questions

The December 16 guidance cleared up the question about whether employers can require employees to be vaccinated. The word from the EEOC then was employers generally can enforce a mandatory COVID-19 vaccination policy for employees, but the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 require exceptions for certain people.

For example, the law protects people who have disabilities or other medical conditions that make vaccination inadvisable, and people who have sincerely held religious beliefs or practices that prohibit vaccinations also must be exempted from an employer's mandatory vaccination policy.

But the December guidance left other questions unanswered, and employers are wondering about legal risks associated with offering vaccination incentives rather than requirements.