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Tips on responding to requests for religious exceptions to vaccine mandates

November 2021 employment law letter
Authors: 
Janell M. Stanton, Felhaber Larson

Many employers have questions about employees’ religious objections to mandatory COVID-19 vaccination policies because they’re required to accommodate any sincerely held religious beliefs in opposition to the rules. Notably, the Equal Employment Opportunity Commission (EEOC) answered questions about the possible accommodations in new technical assistance released on October 25, 2021.

Title VII defines religion broadly

Title VII of the Civil Rights Act of 1964 defines religion broadly to include “all aspects of religious observance and practice as well as belief.” It isn’t limited to mainstream denominations such as Christianity, Judaism, or Islam and includes nontraditional, uncommon, or even seemingly illogical or unreasonable religious beliefs.

While adherents of the satirical Church of the Flying Spaghetti Monster may be out of luck, you should keep an open mind when presented with an accommodation request relating to an unfamiliar religion. But the definition of religion isn’t limitless: “Social, political, or economic philosophies, as well as mere personal preferences, are not religious beliefs protected by Title VII,” according to the EEOC.

Burden falls on employee/applicant to request exemption

The EEOC clarified the onus is on employees or applicants to request a religious exception.

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