EEOC Updates Guidance On COVID-19 Vaccination Incentive Programs

Since the start of the pandemic, the EEOC has periodically updated its informal guidance to address emerging topics related to COVID-19, include regarding vaccination, which is top of mind for many U.S. employers. This week, the EEOC updated its informal guidance to address questions regarding COVID-19 vaccination and vaccination incentive programs. Takeaways from the updates include the following:

• An employer may require all employees physically entering the workplace to be vaccinated against COVID-19, subject to the reasonable accommodation provisions of Title VII (related to religion and pregnancy) and the Americans with Disabilities Act (ADA). The agency warns against policies that might have a disproportionate impact on certain groups of employees, therefore consistent application of mandatory vaccination policies is essential. Specifically with respect to pregnant employees, although the EEOC echoes guidance from the U.S. Centers for Disease Control and