Vaccine mandates vs. religious exemptions: Employers caught in middle

If you’ve watched any news programs of late, you know that within weeks of the U.S. Food and Drug Administration (FDA) approving one of the available COVID-19 vaccines, President Joe Biden asked the Occupational Safety and Health Administration (OSHA) to roll out emergency standards requiring businesses with 100 or more employees to mandate vaccination as a condition of employment. The regulation is expected to carry a penalty of up to $14,000 per violation, possibly for each unvaccinated employee.

Many businesses almost immediately saw an increase in the number of employees claiming they’re unable to become vaccinated because of their religious beliefs, leaving employers in a precarious situation. On the one hand, they face stiff penalties from OSHA if they don’t require the shots. On the other hand, the failure to accommodate a sincerely held religious belief could result in litigation under Title VII of the Civil Rights Act of 1964. Read on to learn what we know so far.

Current OSHA and EEOC guidance

Throughout the pandemic, both OSHA and the Equal Employment Opportunity Commission (EEOC) have been supportive of employers taking proactive measures to help curb COVID-19’s spread in the workplace. Both agencies have looked to the U.S. Centers for Disease Control and Prevention (CDC) for guidance.