Example of unreasonable accommodations include:
A key thing to consider when processing exemptions is the The Equal Employment Occupational Commission (EEOC) and Title VII of the Civil Rights Act of 1964, which ensures employees and people seeking employment protection against discrimination from employers with 15+ employees based on their race, color, sex, national origin and religion. The EEOC provides a very detailed guide for everything you need to know when it comes to processing an exemption request. Four factors that an employer should consider when determining the legitimacy of an employees exemption request identified by the EEOC are:
- Whether the employee has acted in a way that is inconsistent with the claimed belief
- Whether the employee is seeking a benefit or an exception that is likely to be sought for nonreligious reasons;
- Whether the timing of the request is questionable (for example, because it follows closely on the heels of the same employee's request for the same benefit for different reasons); and
- Whether the employer has other reasons to believe that the employee is seeking the benefit for secular reasons.
Although employers have to assume each request received is sincere and thoroughly investigate and review the request before reaching a final decision, they do NOT have to accept any request. If a religious exemption request is denied, an employer must explore reasonable accommodations for that employee. If all possible accommodations are considered unreasonable, the employer is legally permitted to terminate the employee.
Example of unreasonable accommodations include:
- The accommodation is too costly
- It would decrease workplace efficiency
- The accommodation infringes on the rights of other employees
- The accommodation would require other employees to do more than their share of hazardous or burdensome work
- The proposed accommodation conflicts with another law or regulation
- It compromises workplace safety
In conclusion, yes, an employer must accept a vaccination exemption request for review, but no, they are not required to approve the request. Depending on a few factors like company culture, employee culture, location, etc. the volume of exemption requests you receive may be low and the probability of a request being accepted is extremely low. Even so, it’s important to know how to process a request should one get submitted.
Overall, the main things to consider when deciding to approve or deny someone’s request are:
- Is the request sincere? Or is it rooted in politics or misinformation about the vaccine?
- Has this person’s behavior up to this point aligned with their claimed religious values?
- If the person’s request is sincere and it is determined that taking the vaccine will conflict with their religion or medical needs, what can you as the employer do to accommodate this request?
- If all options for accommodation are deemed unreasonable, make an effort to make sure the employee has been provided facts about the vaccine from reputable sources before escalating to disciplinary action or termination.
We’ve attached a PDF at the bottom of this page for you to download and use as an all-encompassing guide when it comes to processing exemptions.
Download our Shareable Guide for Processing Exemptions
We'll email you the guide as a PDF, so that you can easily share the information with your team.
