AUSTIN, Texas — The Equal Employment Opportunity Commission heard testimony Wednesday from a dozen national employee rights organizations.
Commissioners said the public discussion will be considered when they issue COVID-19 vaccine guidance.
Among the discussion was the concern for any incentive given to employees to get vaccinated.
“Let me start with that we absolutely believe that incentives for vaccination are important. However, it should not be limited to just cash. We're finding that employers are doing a number of things: paid off time to obtain the vaccination, paid transportation to vaccination facilities, on-site vaccinations at no cost to the employee, gift cards, which you could say is cash, but some form of remuneration afterwards to get a lunch, for example,” said Johnny C. Taylor, president and CEO of the Society for Human Resources Management.
However, incentives should not identify who has received the vaccine, Taylor said.
“They're very much concerned about that specific type of swag where people and it came from a good place. Employers were like, ‘I voted today.’ So you wear your little button. And that's to encourage other people to make them aware of today's voting day and that you want to encourage employees to do it. However, you're absolutely right that it could put a pressure on people to explain why they haven't been vaccinated, thus requiring in some ways that they disclose an underlying health condition. So, we are not an advocate of doing that. Again, employers are strongly encouraging from the top. I'm the CEO and I tell my employees, I strongly encourage you to do it, provided you can do it safely and not violate your religious commitments,” said Taylor.
Taylor also addressed the need to balance meeting OSHA standards.
“Where we do struggle, for the overwhelming majority of employers have said, ‘We're going to strongly encourage vaccination, but we also have obligations under OSHA and to provide known hazards, you know, protections against and to reduce and minimize known hazards in the workplace,’” Taylor said.
Michael Eastman with the Center for Workplace Compliance said EEOC needs clear guidance on who can skip any vaccine mandate.
EEOC Chair Charlotte Burrows asked if their area availability would be a potential impact for requiring employees to be vaccinated.
“I think it's absolutely possible. No, I don't know that that will come to pass, but I think we have to understand the data as we see them today. It is absolutely possible that a mandatory vaccine policy could have a disparate impact. So as an employer, if you're going to make that decision, you have to be prepared to make the business case for it. And why was that the right policy choice to make?” Eastman said.
The EEOC issued guidance regarding vaccines in December 2020. In it was a reminder that employers must keep any employee medical information obtained in the course of the vaccination program confidential.
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