What Qualifies as a Sincerely Held Religious Belief Under Title VII On the other hand, employers may find helpful the early indication that, in certain contexts- e.g., health care, transportation and other settings in which employees work in-person-courts have been receptive to the argument that unvaccinated employees, and the health and safety risks that they present, may constitute an undue hardship for purposes of Title VII. In the vaccine mandate context, there are few published rulings to date that meaningfully address either the sincerity or religious nature of a purported religious belief that conflicts with vaccination for COVID-19. Unfortunately, the existing body of administrative agency guidance and legal authority have not provided clear answers to either question.Īn avalanche of religious accommodation litigation has been filed across the country, and as these cases make their way through the courts, clear trends in courts' rulings have been hard to come by. If so, would granting the requested accommodation-e., an exemption from the vaccination requirement-result in an undue hardship?.Is the request based on a sincerely held religious belief, practice or observance?.Whatever the purported basis, when an employee seeks an exemption from a mandatory vaccine policy, employers face two difficult questions: In some instances, plaintiffs have cited specific Bible verses to support their opposition to the vaccine, such as I Corinthians 6:19, Psalm 139:13 and Isaiah 49:1. Often, these objections have been supported by conclusory assertions that, for example, receiving a vaccine that used fetal cells in the development stage is sinful. The immune system was created by God and should not be altered-often based on the misconception that the COVID-19 vaccine alters a recipient's DNA.The body is a temple that should not receive foreign or unnatural substances, and God will protect the body from sickness and.It is morally wrong to receive a vaccine that used fetal cells in the development stage-the most commonly cited religious objection to the vaccines.While plaintiffs seeking religious exemptions from employer vaccine mandates subscribe to a variety of faiths, objections to receiving the COVID-19 vaccine have coalesced around the asserted beliefs that: The COVID-19 pandemic and resulting employer vaccine mandates have brought this duty into sharp relief in the past year.Įmployees-many of whom may never have expressed strong religious beliefs to their employer-are asserting vaccine-specific religious objections in unprecedented fashion. Title VII of the Civil Rights Act prohibits employment discrimination based on religion and requires that employers provide reasonable accommodations for employees' sincerely held religious beliefs, practices and observances. Middle Eastern and North African Lawyer Affinity Group.Environmental, Social and Corporate Governance (ESG).Product Liability & Consumer Litigation.Restrictive Covenants, Trade Secrets & Unfair Competition.Employee Benefits & Executive Compensation.Business Solutions, Governance, Restructuring & Bankruptcy.
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