EEOC confirms that new COVID-19 vaccination incentive guidance is coming soon


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Since the EEOC last updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” resource document on December 16, 2020, it published proposed wellness rules only to walk them back less than a week later. So, several business groups wrote to the EEOC asking the big question: to what extent may employers offer employees incentives to get the COVID-19 vaccine without violating the Americans With Disabilities Act and other laws enforced by the EEOC.

It appears that we may get an answer soon.

Shout out to Anne Cullen at Law360, who reported here that the EEOC’s Acting Legal Counsel, Carol Miaskoff, sent this April 15 letter to several business groups. Ms. Miaskoff notes that that business groups “specifically ask[ed] the EEOC to ‘clarify[…] the extent to which employers may offer employees incentives to vaccinate without running afoul of the Americans with Disabilities Act [ADA] and other laws enforced by the EEOC.’”

In response, Ms. Miaskoff confirmed that the EEOC “expects to update its technical assistance about COVID-19 to address these issues, among others, and that work is ongoing.”

Folks, I’m working my sources at the EEOC to see if I can get a more definitive timeline.

In the meantime, we have other important topics to tackle. Like this Friday, April 23, from 12-1 PM ET, by popular demand, it’s Beverages and Benefits. My partners Mark MathisBob Ellerbrock, and Amy Epstein Gluck will take a deep dive into the new U.S. Department of Labor guidance and model notices to support the new COBRA premium subsidy under the American Rescue Plan Act of 2021You can register for that hereIf you have hypothetical questions for a friend, please complete this form. We’ll do our best to answer them without providing any legal advice whatsoever.

Friday, April 30, from 12-1 PM ET, my rockstar partner, Susan Warner, will join us to discuss Title III, the Winn-Dixie victory, and proactive steps that your business can take to bulletproof itself against these types of ADA claimsClick here to register.

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