Vaccine Mandates and Federal Guidance: EEOC and OSHA, Religious and Medical Accommodations, State Law Limits

Description

On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued new guidance for resolving religious objections to COVID-19 workplace vaccination mandates under Title VII of the Civil Rights Act. This guidance comes when many employees are submitting requests for accommodations to workplace vaccine mandates based on both religious and medical-related reasons.

As to requests for an accommodation based on sincerely held religious belief, practice, or observance, the EEOC has said that under Title VII, employers must approach each request on an individualized, fact-specific basis and weigh the requested accommodation against any undue hardship it may cause. While employees must put employers on notice, they need not use "magic words" to trigger their requests. Employment counsel should advise employers that under federal law, they may make a "limited factual inquiry" and seek additional information if they have an "objective basis for questioning either the religious nature or the sincerity of a particular belief."

The ADA provides that when employees have a health-related reason, including, without limitation, a disability of some sort, which prevents them from receiving the COVID-19 vaccine, they have the right to seek an exemption as an accommodation. Such situations may arise where an individual had a prior allergic or hypersensitivity reaction to other vaccines, to a component of the COVID-19 vaccine, or a recent COVID case, resulting in the necessity of a waiting period before vaccination. Alternatively, certain disabling health conditions may result in a treating healthcare provider recommending that certain applicants or employees not receive the COVID-19 vaccine.

Even if an accommodation request is valid, the employer may be permitted to deny the request if the accommodation would pose an undue hardship on the employer.

It is also important for employers to be aware that state or local laws may differ from Title VII and the ADA, including industry-specific rules regarding COVID-19 vaccine mandates and accommodation requests.

Employers should ensure that they have personnel policies in place that memorialize their compliance with the ADA, Title VII, the PDA, and other applicable laws and their commitment to providing reasonable accommodations to qualified applicants and employees as the law may require. The policies should set forth the procedure via which the employer expects its employees to submit an accommodation request and provide details on how they should do so.

Listen as our expert panel discusses the enforceability of current vaccine mandates and the requirements under federal law, and some state or local laws for accommodation requests based on religious or disability reasons. The panel will discuss best practices of employers in creating personnel policies for compliance with all applicable laws.