May 28, 2021

The Equal Employment Opportunity Commission (EEOC) has issued updates to a guidance document entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The new guidance addresses the extent to which employers can offer workers incentives to get vaccinated. Specifically, the EEOC says that employers will not run afoul of the Americans with Disabilities Act (ADA) if they offer an incentive to employees to voluntarily provide proof that they got vaccinated by a third party, such as a pharmacy or a vaccination clinic, saying that information “is not a disability-related inquiry covered by the ADA.” However, in another section of its guidance, the EEOC notes that documentation that an employee received a vaccination does qualify as confidential medical information under the ADA that is subject to a heightened level of protection.

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