Navigating Voluntary COVID-19 Vaccination Programs & Incentives

As COVID-19 vaccines become more available, employment-based programs requiring or incentivizing employee vaccination will become more commonplace. In a previous post, we covered recent employer guidance from the CDC, with a particular focus on mandatory workplace testing programs. This post examines how an employer might design a voluntary workplace vaccination program using incentives to encourage participation, and how to avoid potential pitfalls in doing so.

Background

According to EEOC guidance (see questions K.1 through K.7), vaccination itself is not an ADA-covered medical examination. However, screening questions given prior to vaccination may implicate ADA rules prohibiting disability-related questions and the limitations imposed on the information those questions elicit.