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Incentivizing immunity: Workplace COVID‐19 vaccine incentives and the ADA
Author(s) -
Lyerly Eric
Publication year - 2021
Publication title -
dean and provost
Language(s) - English
Resource type - Journals
eISSN - 1943-7587
pISSN - 1527-6562
DOI - 10.1002/dap.30963
Subject(s) - incentive , commission , confidentiality , covid-19 , equal employment opportunity , sanctions , vaccination , business , public relations , political science , medicine , law , virology , economics , finance , disease , pathology , infectious disease (medical specialty) , microeconomics
The Equal Employment Opportunity Commission released guidance at the beginning of this summer that addressed mandatory workplace vaccinations, vaccine incentives, and confidentiality requirements for vaccination information ( see Equal Employment Opportunity Commission, What You Should Know About Covid‐19 and the ADA, the Rehabilitation Act, and Other EEO Laws (May 28, 2021) ). Most notably, the guidance, which updated the EEOC's end‐of‐the‐year guidance from 2020, sanctions mandatory employer vaccine policies — with limited exceptions for employees who cannot receive the vaccine because of disability or religious reasons. Equally of note, the guidance maintains that employers may lawfully offer vaccine incentives without running afoul of the Americans with Disabilities Act or the Genetic Information Non‐discrimination Act.