New York employee wonders if new COVID-19 vaccine mandate cancels religious exemption

I have a religious exemption from all vaccine mandates under Title VII of the Civil Rights Act, but now New York is imposing the COVID vaccine on all workers in New York and it looks like they won’t honor religious exemption. Our mayor sucks. How can he do this? Is it legal?

Who am I to challenge a reader’s opinion?
But as to your question, it’s an excellent one, and I myself was curious about it. I thought, “This can’t stand in court. Well, apparently three healthcare workers were also curious and challenged it in court and won. It has not been widely reported, but the court has granted a temporary injunction and workers in New York who have a religious exemption do not have to be vaccinated. The city is also obliged to make reasonable accommodation. There will be more to come in this very controversial debate. As for your feelings towards the mayor, this problem will be resolved in a few weeks.

My employer demands the vaccine. I don’t want to be vaccinated and I refuse to quit my job so I will probably be fired. Am I eligible for unemployment benefits?

Workers are entitled to unemployment benefits in the event of “qualifying separation from employment”.
What constitutes a qualifying job separation may vary by state. In most cases, workers can receive benefits after being made redundant, quitting a job for a “good cause” or being fired for a reason other than “misconduct”. However, despite what may be reported elsewhere, it is unlikely that the refusal to comply with a vaccination mandate will be considered a “fault”. It is not in the best interests of employers to make you believe that you would qualify for benefits, and they can dispute your claim, but if you lose your job because you do not comply with the mandate, I think that There’s a good chance you will still qualify, even if you haven’t applied for a disability or religious exemption.

Gregory Giangrande has over 25 years of experience as a Director of Human Resources and is dedicated to helping New Yorkers get back to work. Email your questions to [email protected]. Follow Greg on Twitter: @greggiangrande and on GoToGreg.com.