What form of proof must an employee provide when claiming a religious exemption from an employer’s Covid-19 vaccination mandate?
With any vaccine mandate, employers must provide religious exemptions under Title VII of the Civil Rights Act. Once a facility is on notice that an employee’s religious belief prevents them from getting the vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship.
“Religion” is very broadly defined and encompasses not only organized religions, but also informal beliefs. As such, an employee need not provide proof that they are a member of a recognized religious group.
However, the religious belief must be “sincerely held.” This doesn’t necessarily mean involving a “traditional” religion, or even what some may consider a religion at all. For example, courts have found veganism can be considered a sincerely held religious belief. Because religion is so broad, the EEOC advises employers to ordinarily assume an employee’s request is based on a sincerely held religious belief.
However, if an employer becomes aware of facts that provide an objective basis for questioning either the religious nature or the sincerity of a particular belief, the employer can request additional supporting information.
The employer may ask for an explanation of the employee’s sincerely held religious beliefs and, if necessary, appropriate documentation. That request can be for religious materials describing the religious belief or practice, written statements or other documents from third parties, such as religious leaders, practitioners or others with whom the employee has discussed his or her beliefs, or who have observed the employee’s past adherence to the claimed religious practice.
From the October 2021 Issue of McKnight's Long-Term Care News
