Employer Guidance on Religious Objections to COVID-19 Vaccinations

On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued new answers to frequently asked questions (FAQs) about how employers should handle employee religious objections to mandated COVID-19 vaccinations. The new FAQs address rules that apply to this type of request under Title VII of the Civil Rights Act (Title VII), which is a federal law that prohibits employment discrimination based on religion.

Requests for Religious Accommodation

The new FAQs clarify that while no “magic words” are necessary, Title VII requires employees to inform their employer that they are requesting an exception to a COVID-19 vaccination requirement because that requirement conflicts with their sincerely held religious beliefs, practices, or observances.

Responding to a Religious Accommodation Request

Employers that receive a request for a religious exemption should generally avoid questioning the nature or sincerity of the religious belief unless they have an objective basis for it. These employers should also thoroughly consider all possible reasonable accommodations, including telework and reassignment. If an employer can demonstrate that no reasonable accommodation can be made without “undue hardship” on its operations, then Title VII does not require the employer to provide the accommodation.

Limits of “Religious Beliefs” Under Title VII

The new FAQs emphasize that Title VII does not protect social, political, or economic views or personal preferences. Therefore, requests made for those reasons, including requests based on nonreligious concerns about the possible effects of the vaccine, do not qualify as “religious beliefs” under the law.

COVID-19 Vaccine Mandate Exemptions for Religious Beliefs

The EEOC’s new FAQs clarify, among other things, that employers with a COVID-19 vaccine mandate:

• Must provide reasonable accommodations to employees who request to be exempt due to “sincerely held religious beliefs, practices or observances”;
• Do not have to provide accommodations that would cause “undue hardship” on their business;
• Must consider all potential accommodations before denying an employee’s request for a religious exemption;
• Should generally avoid questioning the sincerity or nature of an employee’s religious beliefs, unless they have objective reasons for doubting it; and
• Do not have to grant vaccine mandate exemptions for social, political, or economic views or personal preferences.

Action Steps

All employers should follow the most current guidelines and suggestions for maintaining workplace safety issued by the Centers for Disease Control and Prevention (CDC) and any applicable state or local health agencies. Employers with 15 or more employees should also become familiar with and follow the guidance provided in all of the EEOC’s FAQs about compliance with federal fair employment laws. These and all smaller employers should also ensure that they comply with all applicable state and local anti-discrimination laws.

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