HR Newsletter: EEOC Issues New FAQs on Vaccines and Incentives


On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) added new answers to frequently asked questions (FAQs) to its existing guidance on how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus (COVID-19) pandemic. The agency also updated five of the FAQs from the existing guidance.

The new and updated FAQs clarify the types of programs employers may have to help ensure that their employees receive COVID-19 vaccinations. They also address the extent to which employers may require or provide incentives for employees or employees’ family members to receive vaccines. The new FAQs also provide expanded guidance on the types of information employers may request or require as part of their workplace vaccination policies and programs.

Employer Vaccine Programs – The EEOC’s new FAQs clarify, among other things, that employers may:

  • Require employees who will be physically entering the workplace to be vaccinated, as long as certain requirements are met;
  • Offer to provide vaccinations to employees on a voluntary basis;
  • Offer incentives for employees to receive COVID-19 vaccinations, as long as the incentives are not coercive;
  • Offer to provide vaccinations to employees’ family members on a voluntary basis (but may not require or provide incentives for family members’ vaccinations).

Mandatory Vaccines and Reasonable Accommodations – Employers with mandatory vaccination programs must provide reasonable accommodations for individuals who refuse the vaccine due to disability, pregnancy or religion.

Contact us with any questions or for support with your employee vaccination initiatives.