There are two legally recognized exemptions from mandatory COVID-19 vaccine requirements. These exemptions include disability-related reasons and sincerely held religious beliefs. If your employer requires the COVID-19 vaccine for employees returning to the office, continue reading to learn about how your employer should handle exemption requests.
Can My Employer Make Me Get the Vaccine?
Generally, employers in California can require their employees to receive a COVID-19 vaccination. The Department of Fair Employment and Housing (DFEH) provided guidance for employers requiring their employees to be vaccinated. However, California employers must abide by state laws, including the Equal Employment Opportunity Commission (EEOC) and federal regulations when mandating vaccines.
When mandating FDA-approved vaccines, California employers cannot discriminate or harass employees or job applicants based on a protected ground. Title VI of the Civil Rights Act prohibits discrimination based on race, color, or national origin in any program or activity.
While employers may require COVID-19 vaccines to stop the spread of the virus, Title VII of the Civil Rights Act obligates employers to make reasonable accommodations for religious beliefs. A sincerely held belief includes an employee’s religious-based objection to vaccinations based on religious belief, observance, or practice.
Similarly, Title I of the Americans with Disability Act (ADA) also requires employers to make reasonable accommodations for employees with a disability.
How Can I Claim a Religious Exemption?
Every workplace with a mandatory vaccination policy should implement policies describing the religious exemption. It should tell an employee how they can claim such an exemption and include definitions. For example, a policy should explain what a sincerely held religious belief is. It can be either theistic, moral, or ethical belief as to what is right or wrong.
Under Title VII, the definition for “sincerely held” is broad. It protects beliefs and practices that an employer may not understand. Generally, employers cannot question an employee about their religious beliefs. There may be times where there is an objective basis for questioning the religious sincerity of a particular practice or belief.
The policy should also state how exemptions will be handled.
The employer’s policy must have a statement informing employees that the law requires an employer to accommodate an employee’s religious beliefs or practices unless it causes an undue burden on the operation of the business.
How Do I Submit a Religious Exemption Request?
An employee doesn’t have to formally request a religious exemption in writing. Management should understand how to recognize a religious accommodation. However, once an employer is aware of an accommodation request, you should provide a form to request in writing. The form will usually request information regarding the request and certification from the employee. When an employer has an objective basis for questioning the sincerity of the religious belief, then statements or documents regarding the asserted belief can be requested.
Once there is a religious exemption request, it should be reviewed.
How Can I Claim a Medical Exemption?
Employers who mandate FDA-approved COVID-19 vaccines should use the definition of a “disability” and “qualified individual with a disability” consistent under ADA definitions. Under the ADA, a disability is an impairment that substantially limits a major life activity. The ADA also lists medical conditions that would be considered a disability. However, this is not an exhaustive list.
For a medical exemption to be used, an employee must have evidence that they cannot be administered the vaccine. To start, they must have an underlying medical condition. The U.S. Centers for Disease Control and Prevention (CDC) has recognized certain precautions and considerations to the COVID-19 vaccine for those with underlying medical conditions.
Under the ADA, an employer can ask an employee to submit documentation from a health care provider. The employer can ask about the impairment and the length of time that there will be a need for accommodations. The employer can also inquire to the extent that the impairment conflicts with the vaccine requirement.
A health care provider cannot answer questions about an employee’s disability without their permission. Therefore, an employer will need a waiver from the employee.
After making a request for a medical exemption, the employer should start an interactive process to make a determination.
The Interactive Process
The interactive process is the same for both religious and medical exemptions.
Once an employer begins the process, they must make a good-faith effort to discuss the employee’s specific circumstances. This is done to determine what, if any, accommodations may be needed.
Consult with an Experienced Employment Law Attorney
If you have been denied a religious or medical exemption, call one of our specialized employment lawyers at SANFORD A. KASSEL, A Professional Law Corporation, at 909.884.6451.
