The Bullseye June 2nd, 2021

Target: EEOC Updated Guidance for Employers Regarding Vaccinations and Incentives

The Equal Employment Opportunity Commissions (EEOC) updated its COVID-19 Q&A page on Friday, May 28, 2021 to address a number of questions related to COVID-19 vaccinations.  The EEOC’s guidance states that federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA…”.  Note that reasonable accommodations may include excusing employees from the vaccine requirement if they object to the vaccine due to disability or sincerely held religious belief.  Employers also need to consider whether a vaccine requirement may have a disparate impact on protected classes of employees, or if vaccination requirement treats employees differently based on protected characteristics.


The EEOC clarified that employers can provide incentives to employees to receive vaccination, but incentive cannot be so great as to be considered “coercive” (without definition as to what would be considered a coercive amount).  Employers may not incentivize employee’s families to get vaccinated.  Employers may also either request documentation of vaccination, or provide incentives to employees to voluntarily provide confirmation of vaccination.


Target: ARPA COBRA Subsidy Webinar Tomorrow, Wednesday 6/2

The IRS recently released Notice 2021-31 which provides a set of FAQs regarding the COBRA subsidies under the American Rescue Plan Act (ARPA). The IRS notice, in conjunction with the notices and FAQs previously released by the DOL, provide us with a more complete picture regarding what plan sponsors need to do to comply with the ARPA COBRA subsidy requirements. Join us tomorrow, Wednesday 6/2/2021 at 9am PST as we discuss the agency guidance and the hurdles that remain for plan sponsors. Topics covered include:

  • What are the main takeaways from the agency guidance?
  • What questions still remain for plan sponsors?
  • Are there ways for plan sponsors to make compliance with the ARPA subsidies a little easier?

Register online here.


Brown & Brown has targeted three valuable resources to help you and your employees through the COVID-19 pandemic:




Please don’t hesitate to reach out to your Brown & Brown team with any questions, thank you.