Is your employer giving you an incentive for getting the COVID-19 vaccine? If you are an employer and you are giving out incentives to an employee who gets vaccinated, here are a few things you should consider:
- If you offer any incentives to receive a vaccine you are in danger of potentially violating discrimination laws because some of their employees cannot receive that benefit.
- Federal discrimination law also prohibits employers from making incentives so persuasive as to be coercive, but de minimis benefits will likely not cross that line.
- The ADA forbids employers from coercing employees into providing their disability-related information, which could be solicited by the screening questionnaires involved in receiving Covid-19 vaccines.
The EEOC has not updated or declared any specifics on this matter, so employers must be careful if they are using incentives to convince their employees to get vaccinated so that they can return to work. To avoid litigation as a business owner you must comply with Federal law. If you have questions about your incentive program then you need to speak with a healthcare attorney.
I am a healthcare lawyer and I work with businesses that have healthcare practices in Maryland. I consult with clients across the nation to provide healthcare consulting, compliance, and training on HIPAA, Intake, and Workflows, as well as Documentation and other legal topics.
Learn more about me and my practice or connect with me on Instagram, Linkedin, Twitter, Facebook. Book a consult with my office to discuss your business or training needs. Join my mailing list to learn more about upcoming events and resources for you and your practice. The Healthcare Provider’s Guide to Mitigating Malpractice is now available. Head here to learn more.