Assessing the credibility of religious exemption requests can be challenging, and it is generally more difficult for an employer to challenge an employee’s request for a religious exemption than that of a medical exemption, says Jill Vorobiev and Mallory McCarthy, employment attorneys at a Chicago firm.

Pursuant to federal law, employers may be required to provide reasonable accommodations to employees who claim that an employer-imposed requirement conflicts with their religious beliefs, practices or observances, if such accommodation does not impose an undue hardship on the employer.

The EEOC advises employers to proceed on the assumption that an employee’s request for a religious exemption is sincere. As such, employers should ensure they have an objective basis prior to further questioning the nature and/or sincerity of an employee’s claimed religious belief, practice or observance. Further, any such questioning should be limited to the purpose of seeking additional factual supporting information. For example, employers may ask the employee to explain how their religious beliefs, religious practices or religious observances conflict with the employer’s vaccine mandate.

Employers should also familiarize themselves with their state laws and the parameters under which they should be accepting and assessing employees’ religious exemption requests. For example, some state laws dictate the type of certification an employee must submit to request a religious exemption to employer vaccine requirements.

It’s also a good idea for employers to provide employees and applicants with information they may need to request a religious accommodation, which may include contact information for the person who handles accommodation requests, the procedures under which the employee must request an accommodation, and, if applicable, a request form that employees may complete to request an accommodation. Further, employers should thoroughly and clearly document instances in which employees request such accommodations.

Make sure you have a religious exemption request form, which asks in writing for the religious belief, practice or observance that is the basis for the employee’s request, says HR Manager Margaret Hawkins.

The form should also include how their beliefs conflict with the vaccine requirements and whether their beliefs conflict with all vaccines. If not, what is the basis for the specific objection to the COVID-19 vaccine?

If granted, the employee should still be required to comply with alternative health and safety protocols.

If the request isn’t based on on personal preferences, concerns about the effects of the vaccine or political opinions, I would be inclined to err on the side of the employee and grant the request. As an HR leader, I am uncomfortable playing judge about whether someone’s religious beliefs are sincerely held.