Considerations for Employers Contemplating Incentive Programs to Encourage Employees to Receive the COVID-19 Vaccine

The US Equal Employment Opportunity Commission (“EEOC”) published guidance in December 2020 on employer mandatory COVID-19 vaccination policies. That guidance explained that subject to a few exceptions, employers can require that employees receive the COVID-19 vaccine as a condition of returning to, or remaining in the workplace. However, even though mandatory COVID-19 vaccination policies have been deemed permissible by the EEOC, many employers remain hesitant to mandate that their employees receive the vaccine. With that said, as the vaccine becomes more readily available, employers that are looking for an alternative solution to encourage their workforce to receive the vaccine, but without requiring it, may want to consider whether implementing an incentive program would be right for them. Indeed, a number of high-profile employers in multiple industries such as retail, transportation, and food services recently have announced their own incentive programs designed to encourage their employees to receive the vaccine, in lieu of implementing a mandatory vaccination policy. READ MORE