The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance and FAQs on workplace COVID-19 vaccination policies on May 28, stating that employers may request proof of vaccination status and offer incentives to encourage employees to receive the vaccine.

Requesting proof that employees received a vaccination on their own is not a disability-related inquiry under the Americans with Disabilities Act, and therefore an employer may offer an incentive to employees to provide such proof, according to the EEOC. However, employers must consider reasonable accommodations for workers who decline to be vaccinated for religious or disability-related reasons.

The EEOC also stated that if an employer administers the vaccination to its employees or contracts with a third party to administer the vaccinations, then any incentive the employer offers with the vaccination must not be so substantial as to be coercive.