Though COVID-19 case numbers are dropping, employers are still dealing with workers seeking exemptions from vaccine requirements.
And one popular reason for refusing the vaccine is due to religious beliefs.
Employers have to tread carefully as to not violate the Civil Rights Act — but they also can’t just grant a religious exemption to anyone who asks.
The EEOC released some updated guidance to help employers navigate COVID-19 vaccines and religious exemptions.
Here’s a rundown of what the EEOC clarified:
1. Employers can ask workers how their religious beliefs conflict with the vaccine.
A lot of employers may be wary about asking people for details about their religious beliefs, but the EEOC reiterated that employers are allowed to ensure these beliefs are sincerely held.
“Employers may ask for an explanation of how the employee’s religious beliefs, practices or observances conflict with the employer’s COVID-19 vaccine requirement,” the EEOC stated.
It’s up to employers to make these assessments on a case-by-case basis, and determine if the employee really does have a religious objection, or if it’s simply a political/personal belief.
2. When rejecting an employee’s exemption request because of undue hardship, it can’t be for hypothetical reasons.
As with any reasonable accommodation request, an employer can reject the accommodation if it causes an undue hardship for the company. That being said, the EEOC clarified that when analyzing the undue hardship, it must be based on objective information.
For example, an employer couldn’t claim the vaccine exemption “might cause an undue hardship if … ” The employer must have solid reasoning as to why the exemption would cause a hardship, such as proof of financial difficulties or productivity problems.
3. Reduction of pay isn’t a reasonable accommodation if there are other options available.
The EEOC reminds employers they aren’t required to grant the employee’s preferred accommodation. However, if there is a reasonable option that doesn’t result in the worker losing pay, that option must be taken.
For example, if the employer suggests unpaid leave when the employee is able to work remotely, the latter is the appropriate choice.
4. Discuss with the employee that the terms of the exemption could change.
So there are no surprises on either end, the EEOC recommends that the employer discuss with the employee that a vaccine exemption/accommodation isn’t set in stone.
The terms of this agreement could change due to the employee’s beliefs changing, or the employer’s vaccine policy being removed or updated. An undue hardship regarding the accommodation could also crop up in the future. It’s best to make sure the employee understands this, in case the accommodation is revoked.