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What to do when employees claim religious exemption from vaccine mandates

October 2021 employment law letter
Authors: 
H. Rowan Leathers and Kara E. Shea, Butler Snow LLP

Although most employers were hesitant to implement vaccine mandates after the initial rollout of the COVID-19 shots, the still-surging pandemic (driven by the highly contagious delta variant) has caused many companies to rethink their position. Exemptions may be available, however, to those who can demonstrate a medical condition or sincerely held religious belief barring them from complying with any mandate.

Determining an exemption's exact parameters can be tricky, and employers can expect challenges, as recent headlines show. In one case, several former Washington Nationals employees stated they planned to file discrimination charges with the Equal Employment Opportunity Commission (EEOC) after being fired for refusing the vaccines, allegedly based on their religious beliefs. Keeping in mind the benefits of a vaccine mandate versus the risks of managing one, let's look at how to respond to employees' religious objections.

How we got here

Hospitals and airlines led the way with employee vaccine requirements. They were soon joined, however, by employers in a variety of industries announcing phased-in mandates for applicants and employees as well as programs designed to reward vaccinated workers while penalizing those who choose not to get the shots.

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