As more workplaces consider mandatory vaccination policies, and with OSHA's Emergency Temporary Standard expected to be released any day now that will further mandate vaccinations for employers with 100 or more employees, the EEOC has updated its guidance on how to deal with religious exemption requests.
Much of the guidance incorporates prior statements from the EEOC in various contexts. In that way, there is not much that is "new". However, what is new is the straightforward language that the EEOC uses here as well as some of the specific references to the COVID-19 vaccination.
Here are the key points provided by the EEOC.
- An employee must tell their employer if they are
requesting a COVID-19 vaccination exemption that is based on a
conflict between their sincerely held religious beliefs,
observances, or practices and the vaccination
requirement. Notably, according to the EEOC, the
employee is not required to use any magic words such as
"religious accommodation" when making this request.
However, the employee needs to inform the employer that there is a
conflict between the vaccination requirement and his or her
sincerely held religious beliefs. Additionally, if the employee has
a religious conflict with getting a specific vaccine and wishes to
wait until an alternative version or brand is available, these same
principles apply. The employer should also provide information to
employees and applicants about whom to contact, and the process for
requesting a religious accommodation.
- If the employer has an objective basis for
questioning the religious nature or sincerity of a specific belief,
the EEOC guidance states that an employer is justified in making a
narrow factual inquiry, and is allowed to seek additional
supporting information from the employee. If the
employee fails to cooperate with this reasonable request, the
employee risks losing any future claim that the employer wrongly
denied an accommodation. An employer should not assume that a
request is invalid solely because the religious belief is
unfamiliar, and an employee asked to explain the religious nature
of their belief should not assume that their employer knows or
understands it. Additionally, because Title VII does not protect
social, political, economic, or personal preferences, objections to
a COVID-19 vaccination based on those preferences and nonreligious
practices do not qualify as religious beliefs under Title
VII.
- Requiring an employer to bear more than the "de
minimus" or minimal cost to accommodate an employee's
religious belief is an undue hardship on the
employer. However, the EEOC reaffirms that the
employer should thoroughly consider all possible reasonable options
to accommodate an employee, including telework and reassigning the
employee. The determination of whether a request will impose an
undue hardship on the employer's business depends on the
specific factual context of each case, and the employer may choose
which accommodation to offer when there is more than one reasonable
accommodation that would resolve the conflict without causing undue
hardship. Additionally, the employer should explain to the employee
why the requested or preferred accommodation is being denied.
- An employer can discontinue a previously granted
accommodation request if it is no longer being utilized for
religious purposes, or if the accommodation later poses an undue
hardship on the employer's operations because its circumstances
changed. The employer should discuss these changes
with the employee before revoking it, and consider alternatives
that would not cause undue hardship.
Employers in the midst of rolling out a mandatory vaccination policy should review the entire guidance to ensure compliance. As always, seek out employment counsel to discuss any challenging exemption requests and when crafting a policy as well.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
