One possible accommodation would be exemption from the vaccination requirement, although other accommodations are possible, as discussed below. A bona fide, sincerely held religious belief that conflicts with an employer policy requiring an employee to be vaccinated against COVID-19 must be accommodated in the absence of undue hardship. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Like the ADA, Title VII requires an employer to accommodate an employee’s sincerely held religious beliefs, practices and observances unless an accommodation would cause undue hardship.
Title VII’s protection of religion requires something more than mere nondiscrimination. A sincerely held religious belief can be one held by only a single person. A religious belief does not require a belief in God or any deity. Religion is broadly defined under Title VII. It also protects people who have sincerely held religious, ethical or moral beliefs but do not belong to a traditional, organized religion. Title VII’s prohibition on religious discrimination protects people who belong to traditional, organized religions, such as Christianity, Judaism, Islam, Hinduism and Buddhism. This blog post looks at the religious exemption under Title VII. An earlier blog post discussed medical exemptions from vaccine mandates see here). Media reports suggest that employees are asking for religious or religious medical exemptions in significant numbers. Vaccine mandates are lawful, subject only to religious exceptions required by Title VII of the Civil Rights Act of 1964 and medical exceptions required by the Americans with Disabilities Act (ADA).
In the near future, the federal Occupational Safety and Health Administration (OSHA) and the North Carolina Division of Occupational Safety and Health (NC OSH) are likely to require most larger employers to adopt a vaccine mandate (see here). An increasing number of employers are making vaccination against COVID-19 a condition of employment.
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