Many companies continue to struggle to accommodate employees who don't want to get vaccines because of religious objections.
Children's Healthcare of Atlanta (CHOA) is in hot water after firing an employee for requesting a religious exemption to its influenza vaccination policy. In December, the U.S. Equal Employment Opportunity Commission (EEOC) sued the pediatric health care company.
"Religion is defined to include all aspects of religious observance and practice, as well as belief, and the EEOC stands ready to enforce an employer's statutory obligation to reasonably accommodate the religious observances and practices of its employees where doing so would not be an undue hardship on the conduct of the employer's business," said Darrell Graham, the EEOC's district director of the Atlanta office, in a statement.
Read the article:
How to Balance Religious Accommodations with Company Requirements
SHRM | Jan 2023
Related Reading
The Biden administration announced May 1 that the COVID-19 vaccine mandates for federal employees, federal contractors and some health care workers will end on May 11, the same day the public health emergency ends.
COVID-19 Vaccine Mandate for Federal Workers Will End May 11
SHRM | May 2023
General
Some Employers Still Require COVID-19 Vaccines
SHRM | Nov 2022
EEOC Updates Guidance on Religious Accommodations for COVID-19 Vaccines
SHRM | Mar 2022
Read the updated guidance and view the EEOC's internal accommodation request form.
How to Handle an Employee's Request for a Medical or Religious Accommodation to a Vaccine Requirement
SHRM How-to Guide
Request for Accommodation: Religious Exemption from Vaccination
SHRM Sample Form
Article: When Does a COVID-19 Vaccine Accommodation Cause an Undue Hardship?
Article: 4 Steps for Handling Religious Objections to Workplace Vaccine Mandates
Article: When May an Employer Reject a Religious Accommodation Request?
Express Request: ADA: Reasonable Accommodation/Interactive Process
Resource Page: Americans with Disabilities Act
SHRM | Various Dates
Press releases: EEOC Updates Covid-19 Technical Assistance to Cover Retaliation and EEOC Issues Updated Covid-19 Technical Assistance
Guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (Section L: Vaccinations)
EEOC | Updated Nov 2021
Law Firm Resources
These resources are organized under the following headings:
*** Religious Exemptions (including example form and policy)
*** Disability/Medical Exemptions (including example form and policy)
*** Related Reading
Religious Exemptions
Update on COVID-19 Vaccination Accommodations Under Title VII
Nelson Mullins | Aug 2022
Defending Against Title VII Religious Objections to COVID Vax
Proskauer | May 2022
Religious Accommodation Challenges to COVID-19 Vaccination Policies — Lessons for Employers from Preliminary Court Decisions
Foley & Lardner | May 2022
EEOC (Again) Updates Religious Accommodation and Vaccine Mandate Guidance
Mintz | Mar 2022
Guidelines for Evaluating Claims for Religious Exemptions From Vaccine Mandates
Jackson Walker | Feb 2022
Political, Social, Economic Beliefs Not Protected
Religious Exemptions to COVID-19 Vaccine Mandates Do Not Include Political, Social, Economic Beliefs, According to EEOC
Hinshaw | Nov 2021
Political Dissent or Personal Preference Not a Basis for Religious Exemption from Vaccine Mandates
Sherman | Oct 2021
Example Forms
SHRM Request for Accommodation: Religious Exemption from Vaccination
SHRM: Religious Accommodation Request Form
EEOC Religious Accommodation Request Form
King County WA Mandatory COVID-19 Vaccination Religious Exemption/Accommodation Request Form
Example Policy/Process
SHRM Religious Accommodation Policy
American University: Vaccine Exemptions & ADA Accommodations
UC Davis: Religious Exception Request Process Flowchart
WA Office of Superintendent of Public Instruction Guidance for Employers on Evaluating Religious Accommodation Requests
Disability/Medical Exemptions
Podcast: Medical Accommodations for the COVID-19 Vaccine
Seyfarth | Dec 2021
CDC's Plea to Vaccinate Pregnant Women Doesn't Eliminate Need for Accommodation
SHRM | Oct 2021
A Rock and a Hard Place? ADA Requests for Exemptions from Public Health Mandates
Barnes & Thornburg | Jul 2021
Employment Discrimination Claims Related to Vaccination Refusal – Disability
White and Williams | Dec 2020
Preventing Misuse of COVID-19 Vaccine Medical Exemptions
Harvard Law | Aug 2021
Example Forms
SHRM: Request for Accommodation: Medical Exemption from Vaccination
George Mason University: Certificate of Medical Exemption for COVID-19 Immunization Requirement
King County WA Mandatory COVID-19 Vaccination Medical or Disability Exemption/Accommodation Request Form
Example Policy/Process
American University: Vaccine Exemptions & ADA Accommodations
UC Davis: Medical Exception and Pregnancy Deferral Request Process Flowchart
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