The EEOC advises businesses to "rely on objective information" and not on speculative hardships. Undue HardshipĮmployers are permitted to reject a request for an exemption if they can show the accommodation would impose an undue hardship on the business. Title VII does not protect "social, political, or economic views, or personal preferences" and so an exemption cannot be sought on that basis. However, the EEOC highlights the fact that beliefs can change over time, as can the degree of adherence to a belief, and therefore the employer "should not assume that an employee is insincere simply because some of the employee's practices deviate from the commonly followed tenets of the employee's religion, or because the employee adheres to some common practices but not others." The EEOC notes that the "sincerity of an employee's stated religious beliefs also is not usually in dispute" but it can be called into question based on factors including past behavior inconsistent with the stated beliefs or if the timing of the request makes it suspect. Employers cannot assume a request is invalid because the religious beliefs in question are unfamiliar to them. Nontraditional beliefs are protected but employers may make inquiries about the nature of employees' beliefs. Protected BeliefsĮmployees should also not assume that employers are familiar with their particular religious beliefs. If the person seeking an exemption does not cooperate with that inquiry, they risk losing any later claim that their employer denied them accommodation improperly. "As a best practice, an employer should provide employees and applicants with information about whom to contact, and the procedures (if any) to use, to request a religious accommodation," the EEOC says.Įmployers should generally assume that a request for a religious exemption is based on sincerely held beliefs but they are permitted to make "a limited factual inquiry" and seek "additional supporting information." Labrador Retriever 'Afraid of Needles' Granted Sold COVID Medical Waiver.Adds Over Half a Million New Jobs in October, More Than Expected COVID-19 Live Updates: Another 500,000 more deaths by February Predicted. They do not have to cite Title VII or even use the term "religious accommodation" but they must tell their employer that there is a conflict between their sincerely held religious beliefs and the employer's vaccine requirement. The EEOC explains that there are no "magic words" that employees have to use when seeking an exemption. No Magic WordsĪn employer does not have to provide the accommodation if it can show that doing so would impose an "undue hardship on its operations." The Equal Employment Opportunity Commission (EEOC) explains the right to request a religious exemption under Title VII on its website and specifically discusses the vaccine mandate. Title VII forbids employment discrimination based on religion and grants employees and job applicants the right to request an exemption, also known as a religious or reasonable accommodation, from an employer's requirement if that requirement conflicts with a person's sincerely held religious beliefs. However, people will be able to apply for a religious exemption from any employers' vaccine mandate under Title VII of the Civil Rights Act of 1964. Read more Gina Carano's 'Do Not Comply' Post Leaves Internet Dividedīiden's mandate will require that employees of businesses with at least 100 workers either be vaccinated against COVID-19 or undergo weekly testing beginning on January 4.
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