Let's make a deal: Employers offer incentives for employees to get vaccinated

The Equal Employment Opportunity Commission (EEOC) recently issued guidance about whether employers may offer incentives to employees or their family members to get vaccinated for COVID-19. Although the guidelines are general in nature and don’t provide specific answers about the amount you may offer as an incentive, they do provide some clarity on the do’s and don’ts.

Can you require employees to get vaccinated?

The EEOC guidelines allow employers to require employees to get vaccinated, but with two major caveats:

First, employers must comply with the American with Disabilities Act (ADA). Some employees may not be able to receive the vaccine for health reasons, and you must reasonably accommodate them unless you can show a direct threat from them not being vaccinated.

A direct threat must be an “individualized assessment of the employee’s present ability to safely perform the essential functions of the job,” measured with reference to “(1) the duration of the risk; (2) the nature and severity of the potential harm; (3) the likelihood that the potential harm will occur; and (4) the imminence of the potential harm.” A direct-threat determination “should be based on a reasonable medical judgment that relies on the most current medical knowledge about COVID-19.” Given the current science and level of the virus in the United States, it’s difficult to imagine many instances where an employer can show a direct threat.