![]() It may prove difficult to snuff out dishonesty among those who may feign religion to avoid the vaccine. Whether the employee has other reasons to believe that the employee is seeking the benefit for secular reasons. Whether the timing of the request is questionable and Whether the employee is seeking a benefit or an exception that is likely to be sought for nonreligious reasons ![]() Whether the employee has acted in a way that is inconsistent with the claimed belief The EEOC identifies four factors for an employer to consider when evaluating the sincerity of an employee’s religious exemption claim: The EEOC guidance provides that employers should accept an employee’s claim of a sincerely held religious belief unless the employer has an objective basis to deny the exemption. The approach is obviously similar to the ADA standard and requires individualized attention through the interactive process. The EEOC guidance recommends that employers make reasonable efforts to accommodate employees with sincerely held religious beliefs to comply with Title VII as long as it does not cause an undue burden on the company. Even if the religious claim makes little sense or is not the actual teaching of a recognized religious group or denomination, what matters is the individual’s sincerely held belief. The standard for a religious exemption is, quite simply, only the sincerity of the religious belief. A company that provides no religious exemption will likely run afoul of the religious accommodation requirements under Title VII and have their mandate challenged. ![]() Religious exemptions, as a general matter, have a long history in this country that values religious freedom. But one of the main issues an employer may have to wrestle with any vaccine mandate are the procedures and parameters for recognizing a religious exemption. Employers can also specifically ask if an employee has been vaccinated, but if the employee says no you should refrain from asking too detailed questions as to why as it could elicit disability-related information. Mandating COVID-19 VaccinesĮmployers can mandate vaccines. But there are several points to help guide an organization through that labyrinth. But can someone just claim a religious exemption and that be it? Who decides whether it is legitimate or sincere? And what does the person seeking the exemption have to show? Unfortunately, how to handle a religious exemption is not an exact science. Most vaccine mandates, including the Biden proposal, include a religious exemption. Public Services, Infrastructure, TransportationĬOVID-19 vaccinations in the workplace are obviously a hot topic, especially in light of President Biden’s recent proposal that employers with 100 or more employees mandate vaccination or weekly testing.
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