EEOC Updates Vaccination Guidance

The Equal Employment Opportunity Commission on Friday updated its technical assistance question and answer document to confirm that a bank or other employer may offer an incentive to employees to receive a COVID-19 vaccination. If the employer is administering the vaccine, the incentive may not be “so substantial as to be coercive.”

The EEOC also confirmed that, under the Americans with Disabilities Act, an employer may inquire about or request documentation or other confirmation that an employee obtained a COVID-19 vaccine. In addition, the EEOC stated that an immunocompromised employee who is fully vaccinated for COVID-19 may be eligible for a reasonable accommodation because of a continuing concern that he or she faces a heightened risk of severe illness from a COVID-19 infection, despite being vaccinated.

The EEOC also stated that if an employee chooses not to receive a COVID-19 vaccination due to pregnancy, the employer must ensure that the employee is not discriminated against compared to other employees similar in their ability (or inability) to work.