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As the first doses of vaccines are being administered, many employers, cognizant of the public health imperatives and a desire to promote the health of their employees in a manner compliant with applicable law, are wondering whether they can or should make vaccination a required condition of employment. On December 16, 2020, the EEOC issued its much-anticipated guidance on the application of federal anti-discrimination laws to issues concerning the availability of COVID-19 vaccines. While the EEOC s guidance answers some questions, the broader message is that it is not that simple, and many employers will opt to adopt incentive-based vaccination programs instead of mandatory ones based on their own individualized assessment of competing factors.