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