Like other workplace policies, exemption requests should be treated consistently, employees should be encouraged to communicate with the employer, and exemption requests should be handled in a timely and discrete manner.Ī template of questions that are posed to each employee requesting a religious exemption is helpful. Those tasked with these discussions should conduct them in an objective manner. The coronavirus pandemic, however, has caused many employers who have adopted mandatory vaccination policies to confront-many for the first time-sensitive conversations about religious matters.Įmployers adopting mandatory vaccination policies should designate personnel trained in human resources to engage in these conversations. A Template for Religious Exemption InquiriesĮmployers generally have no reason to inquire about an employee’s religious faith, except for bona fide inquiries regarding scheduling for Sabbath observers, religious garb requirements that impact an employer’s uniform, safety or other job-related requirements, and health-care provider requirements. But that guidance does not replace the requirement that employers engage in an interactive discussion with employees to determine whether an exemption is merited. Vanderbilt University Medical Center has published a useful resource on immunizations and religion. Likewise, requests that are too generalized to understand, such as the statement that “my religion” prohibits vaccination, justify a request for further information to validate the exemption.Ĭomplicating this inquiry is that, unlike a medical accommodation, no objective source validates a claimed religious exemption. If an employee requests a religious exemption based on a personal philosophy, the employer may legitimately ask for more information about or question the claimed religious belief. Ways of living, such as veganism, pacifism, or minimalism, similarly do not provide a religious exemption basis. Personal philosophies or beliefs about vaccines do not qualify as a religion.
There is no uniform definition of “religion,” but it is generally accepted that a “religion” is based on beliefs that address fundamental questions about the meaning of life, humankind’s nature and its place in the universe, and the general exercise of faith. What Is Not a Sincerely Held Religious Belief? If those facts exist, the employer may request additional information to support the claimed exemption. Employers should, therefore, ordinarily assume that an employee’s religious accommodation request is based on a sincerely held religious belief.Īn exception to this assumption exists, however, if an employer is aware of objective facts that question the sincerity of an employee’s claimed belief. While federal and local law may differ regarding legally-protected religious practices, the EEOC guidance defines religion broadly and protects beliefs and practices with which employers may be unfamiliar. The EEOC guidance concerning religious objections to mandatory vaccination directs employers to provide a reasonable accommodation for employees with sincerely held religious beliefs, practices, or observances that prevent an employee from taking a Covid-19 vaccine unless an accommodation poses an undue hardship to the employer.īefore an employer balances a religious accommodation against the undue hardship to the workplace (such as implementing mask-wearing, social distancing, or alternative working conditions), the employer must first ascertain if the employee’s religious objection is, indeed, a sincerely held belief. Legal Contours of Religious Objections to Vaccination Medical exemptions are subject to objective documentation from health care providers (who may risk penalties for failing to adhere to accepted medical practices), but there is no readily verifiable basis to determine whether an employee’s religious objections to mandatory vaccinations are sincere and subject to workplace accommodation. Legal exemptions from mandatory vaccination include medical exemptions under the Americans with Disabilities Act and exemptions based on sincerely held religious beliefs pursuant to Title VII of the Civil Rights Act of 1964 (and equivalent state laws for both federal statutes). Employers implementing mandatory Covid-19 vaccination programs must manage, and in some cases accommodate, exemption requests.