Tuesday, June 1, 2021
For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement on the topic, this time related to incentives for COVID-19 vaccinations.
The ADA prohibits employers from requiring medical examinations or making “disability-related inquiries” except in very limited circumstances. One such exception is in the case of a voluntary wellness program. But it has never been clear what voluntary means in this situation. Is it voluntary if an incentive is provided?
A Brief Primer on Incentives and “Voluntary” Wellness Programs Under The ADA
Wednesday, January 27, 2021
As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of disability or religion. In
Horvath v. City of Leander, the U.S. Court of Appeals for the Fifth Circuit recently considered an employer’s proposed accommodations to a firefighter who refused a mandatory tetanus, diphtheria, and pertussis (TDAP) vaccine for religious reasons, and its analysis now provides timely guidance to employers considering a different type of mandatory vaccine.
Brett Horvath sued the City of Leander, Texas, and Bill Gardner (individually and in his capacity as fire chief), alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and the Texas Commission on Human Rights Act, related to his request for an accommodation and subsequent termination. Horvath, who wor