How Do I Handle Religious Accommodations & the Vaccine?

As more employers mandate the COVID-19 vaccine, or are subject to vaccine mandates (such as health care workers) in California, some employees are attempting to skirt these mandates by requesting accommodations. A now infamous church in Rocklin, California, even garnered media attention for handing out “religious exemption letters” to unvaccinated individuals.

How Does a Religious Accommodation Work?

Under California’s Fair Employment and Housing Act (FEHA), employers must reasonably accommodate employees due to a medical condition or a “sincerely held religious belief” that precludes the employee from getting vaccinated. While an employer may request a doctor’s note certifying a medical condition, they should not require an “official letter” from a clergy member certifying a religious belief.

A “religious belief” is defined very broadly under the FEHA, and is not limited to traditional religions, such as Christianity, Judaism, or Islam. A “sincerely held religious belief” also includes an observance or practice that is “parallel” to traditional religions. This includes fundamental beliefs about the meaning and purpose of life, and theories of humankind’s nature or place in the universe. If you just asked yourself: “How can I possibly know or challenge whether an employee’s belief is religious or sincere?,” you now understand the muddy waters this exemption creates. There isn’t an easy way to do this, without risking a discrimination claim. That’s what makes religious accommodation requests so tricky.

What Should I Do When I Receive an Accommodation Request?

If you receive an accommodation request for the vaccine, below are some suggestions to guide you through the process.

Document the Reason

When an employee informs you that they need any accommodation, ask them to write down the reason and be specific. Alternatively, you may ask the employee for the reason verbally, write it down, and have them sign off on your description. If the employee indicates that they are fearful or hesitant, or cites “legal” reasons, this is not protected under the law and you would not be required to provide an accommodation. For example, “The vaccine is in violation of my constitutional rights,” or “I am fearful about the side effects.” Make sure to retain documentation (protected or not), should the employee ever challenge it.

If the employee indicates that they do in fact have a religious belief, and provides a reason why it prevents them from vaccination, it is best to almost always assume it is sincere.

Let’s say an employee tells you they are Catholic and provides a reason why their religious beliefs prevent them from getting vaccinated. You might say, “Aha, wait a minute! I heard that Pope Francis urged people to get vaccinated, so I can deny the request, right?” Not so fast. Under the FEHA, individuals may form different conclusions about their religious beliefs, so this would not be a valid reason to deny the request.

So how could you possibly deny a request? An exception would be if you have written evidence to the contrary that the employee is lying. For example, if an employee sent an email to their coworker saying, “I figured out a way to get out of the vaccine. I’m going to lie and say I have a religious belief and can’t get vaccinated! You should do it too!”

Assess Reasonable Accommodations  

Now, chances are you won’t have a “smoking gun” like we described above. If you have determined that an unvaccinated employee’s reason is based on a “religious belief,” the next step is to assess potential reasonable accommodations. The good news here is that you don’t have to continue “business as usual.” If you are concerned about COVID-19 exposure in your workplace, reasonable accommodations for someone who is unvaccinated may include:

• Job restructuring;
• Job reassignment; or
• Modification of work practices.

For example, is there an area away from other employees where this person may continue working with reduced exposure risk? Do their job duties allow for remote work? Is there a different shift time you can offer when less employees are present? Are there other options for personal protective equipment or cleaning/disinfecting procedures?

Be sure to document your proposals and the employee’s responses. Note that you are not required to provide the employee’s requested accommodation, only a “reasonable accommodation.” If the employee refuses to accept a genuinely effective accommodation, they may not be qualified to remain in the job.

Undue Hardships

Employers are also not required to provide an accommodation if such accommodation would result in an undue hardship for the employer, meaning significant difficulty or expense. Be sure to consult legal counsel about whether you satisfy the “undue hardship” standard.

CEA members can learn more about the reasonable accommodation process through our 10-Point Checklist, or by giving us a call at 800.399.5331.