
Kroger, Target, Trader Joe's among companies offering COVID-19 vaccine incentives
Several companies have now made public their efforts to get workers vaccinated, including offering one-time bonuses and other financial incentives for employees who opt to get their shot. “Companies do have a lot of leeway in setting their own policies as to whether or not employees are going to have to receive the vaccine, but how the companies go about doing it can matter from a legal perspective," said Lance Gable, an associate professor at Wayne State Law School. It's a scenario not totally unfamiliar, Gable noted, as certain wellness incentives have been challenged in the past on the basis of discrimination. But the unique rollout of the COVID vaccine poses some never-before-seen problems too, he said. “There are separate issues about whether that is different if the vaccine has only been approved under Emergency Use Authorization. A mandatory vaccination requirement for a COVID vaccine could be permissible under federal law but only if employers put in place potential exceptions and accommodations," said Gable, citing EEOC guidance. In the EEOC's most recent guidance on wellness incentives, Gable said, it notes that any gifts or incentives companies offer should be modest, like a small gift card, lunch, or the cost of a ride, for example. Gable believes additional guidance will likely come out as the vaccine rollout continues.