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EEOC issues guidance on COVID-19 vaccine religious exemptions

November 2021 employment law letter
Authors: 
Jonathan R. Mook, DiMuroGinsberg P.C.

The U.S. Equal Employment Opportunity Commission (EEOC) says employers may require employees to get the COVID-19 vaccine as long as they allow exemptions for medical (disability) or religious reasons. In practical terms, what does that mean?

Medical vs. religious exemption

The medical reason for an exemption is fairly easy to assess. An employee need only provide you with a doctor’s certification stating she shouldn’t be vaccinated because of an underlying health condition, an adverse medical reaction, or another medically related reason.

Assessing an employee’s request for a religious exemption, however, is somewhat trickier. Under Title VII of the Civil Rights Act of 1964, you may not discriminate against an employee because of her sincerely held religious belief. You also may need to accommodate her religious practices or beliefs as long as doing so doesn’t cause you to suffer an undue hardship.

EEOC guidance

The EEOC recently updated its COVID-19 guidance to address the manner in which you should assess an employee’s request for a religious exemption to mandatory vaccinations. The guidance indicates (1) you generally should presume employee requests for religious exemptions are based on sincerely held religious beliefs, and (2) even nontraditional religious beliefs can qualify.

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