As companies continue to develop – and pivot – their strategies for successfully and safely bringing employees back into the office, one thing some have turned to is the implementation of a COVID-19 vaccine requirement as a condition of employment.
This week, the U.S. Equal Employment Opportunity Commission (EEOC) addressed questions about the religious implications of such requirements and how they interact with federal equal opportunity (EEO) laws.
The EEOC posted updated and expanded technical assistance related to the COVID-19 pandemic, providing new information about how Title VII of the Civil Rights Act of 1964 (an act prohibiting employment discrimination based on race, color, religion, sex and national origin) applies to the situation of an employee requesting an exception from their employer’s COVID-19 vaccination requirement due to sincerely held religious beliefs.
Key Updates to the COVID-19 Technical Assistance:
Employees and applicants must inform their employers if they seek an exception to the employer’s COVID-19 vaccine requirement, citing a sincerely held religious belief, practice or observance.
Per Title VII, employers are required to consider requests for religious accommodations. Title VII, however, doesn’t protect the personal preference or social, political or economic views of employees seeking exceptions to a COVID-19 vaccination requirement.
Employers that demonstrate “undue hardship” are not required to accommodate an employee’s request for a religious accommodation
“Title VII requires employers to accommodate employees’ sincerely held religious beliefs, practices and observances absent undue hardship. This update will help safeguard that fundamental right as employers seek to protect workers and the public from the unique threat of COVID-19,” said EEOC Chair Charlotte A. Burrows.
It’s important to note that this technical assistance answers COVID-19 questions from the perspective of EEO laws only. Other federal, state and local laws regarding the COVID-19 pandemic for employers, employees and applicants are still in play.
The EEOC will continue to consider any impact new developments may have on the COVID-19 technical assistance as they arise and will provide additional updates as needed.
For more information, you can watch a recording of the EEOC’s April 28, 2021, hearing about the civil rights implications of the COVID-19 pandemic.
