What constitutes a “sincere” religious exemption from a vaccination mandate?

New vaccination mandates could force millions of people to be vaccinated to get vaccinated against COVID-19[FEMALE[FEMININE but people with serious religious beliefs or disabilities that interfere with inoculation may still be exempt from getting stung.

This is new territory for many employers who are navigating the issue, given how risky it is to allow unvaccinated employees to mingle with, and possibly infect, coworkers at the workplace. job.

Many large companies already require COVID-19 vaccination to protect employees from the virus, and must, under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act, offer exemptions to people with disabilities or with a “genuine” religious belief that prevents them from ‘get the vaccine.

The Biden administration broad preventive measures on Thursday announced further expanding vaccination mandates, affecting an estimated 100 million Americans and shedding new light on requests for exemptions and how employers can verify their legitimacy.

No major religious denomination in the United States categorically opposes vaccination. But an individual’s “sincere” religious belief does not necessarily have to be part of an organized religious mandate to be considered a valid reason for exemption from vaccination.

“It can be a personal and sincere religious belief that stems from the very nature of religious freedom set out in the First Amendment,” said Domenique Camacho Moran, labor attorney at New York law firm Farrell Fritz.

Worth a second look

In the past, employers have been inclined to give workers the benefit of the doubt and to accept any claim based on religious beliefs as genuine. But given the high-stakes nature of the coronavirus, they’re now giving those requests a second look.

“The employer must generally accept the idea that the employee’s request is based on his sincere religious belief. But if the employer has an objective basis to question his sincerity, the employer is justified in asking for information. additional, “said Keith Wilkes, an employment attorney at Hall Estill, a Tulsa, Oklahoma-based company.

“There is always the possibility that a local church or temple will actually espouse the view that vaccination is against religious beliefs, so it is possible for the employer to pursue these kinds of requests,” Wilkes said. .

In contrast, disability exemption requests tend to be simpler.

Clear documentation from a physician or health care provider of a medical condition that makes vaccination risky or unsafe generally eliminates questions as to whether an employee has valid reasons for exemption or simply does not wish not be vaccinated. There are no known medical conditions that absolutely prevent an individual from being vaccinated, but a worker could be exempt from applying for a COVID vaccine if they have a known allergy to the components of the vaccine, for example.

“With most disability adjustment issues, we automatically involve a third party. There is a health care provider who explains the disability that is preventing that employee from getting the vaccine,” said Camacho Moran.

Labor attorneys encourage people making requests for religious exemptions from vaccination warrants to document their beliefs in writing. But even with written documents, the process of determining employers can be obscure.

“It’s not as clear as the medical exemption. What is essential is that even the Equal Employment Opportunities Commission didn’t give the best advice on how you determine what a sincere religious belief is, “said Sadie Banks, associate general counsel and legal counsel. resource consultant for Engage PEO, a human resources and benefits provider.

What is clear is that when an employee submits an exemption request, the employer must engage in a two-way dialogue to determine whether the worker’s request can be met.

“Employers should always engage in the interactive process to determine what the practice involves and someone else’s belief is or is not sincere,” Banks said. “But I can’t tell you that what you sincerely believe as a religious belief doesn’t exist, so it’s a potential challenge.”

No longer “little and far between”

Most labor attorneys agree that there are many legal gray areas when it comes to claiming and approving religion-based vaccine exemption requests.

“I don’t think anyone is 100% clear. The EEOC’s point of view on sincere religious belief is that employers are not supposed to challenge the sincerity of belief,” said Jason Reisman, group co-chair. of work and employment practice of Blank Rome. .

Before the pandemic, employers asked few questions about individuals’ religious beliefs, for example if an employee asked not to work on a public holiday.

“Before the vaccination warrants, I think religious accommodations were rare and usually related to things that didn’t require employers to ask too many questions. It was more about whether you can work on the Sabbath of your particular religion, ”Reisman said.

But in the era of COVID-19, and with the rise of the more contagious and virulent Delta variant, employers are asking deeper questions: “They are getting more and more brazen when they ask for information from the ‘support, like a note from a religious leader, “says Reisman.

Just saying, “I believe in God, I can’t get the vaccine,” won’t fly either, according to Carrie Hoffman, labor lawyer at Foley & Lardner. “There has to be some kind of explanation that’s better than that,” she said.

The problem is already occurring in workplaces across the country. United Airlines recently refused multiple employee requests for religious exemptions from the airline’s vaccination mandate. The airline said that in most cases, employees who refuse to be vaccinated will no longer be allowed into the workplace as of October 2. At this point, employees whose exemption requests have been approved will be placed on unpaid leave until the pandemic is significantly subsided.

Biden’s requirement for businesses is sort of a flexible mandate, which means they must require employees to be vaccinated or undergo regular COVID-19 testing. Regular testing can serve as an accommodation that employers can provide to workers who do not wish to be vaccinated for any reason, religious or otherwise.

In the case of companies that choose to make the vaccine mandatory, employee exemption requests due to personal preferences or mistrust of the government or pharmaceutical companies, for example, will be rejected.

“It can’t just be that it’s against my religion,” Wilkes said. “It’s still a broad standard and it has to be a sincere belief and not just a subterfuge because you don’t trust science.”