Megan Mechak
Fri, 10/29/2021
On October 13, 25, and 28, 2021, the Equal Employment Opportunity updated its workplace COVID-19 guidance. The update provided additional information about the employment implications for employers who wish to impose COVID-19 vaccine mandates and their workers.
The guidance reminds employers who impose a vaccination requirement to be prepared to respond to allegations that the requirement may have a disparate impact on workers based on their race, color, religion, sex, or national origin under Title VII (or age under the Age Discrimination in Employment Act), because workers in certain demographic groups may face barriers to vaccination, making them more likely to be negatively impacted by a vaccination requirement. Question K.1
The EEOC has also advised that employers who offer reasonable accommodations to other employees should also do so for pregnant employees who seek an exemption from vaccination due to their pregnancy. According to the EEOC, “[t]his means that a pregnant employee may be entitled to job modifications, including telework, changes to work schedules or assignments, and leave to the extent such modifications are provided for other employees who are similar in their ability or inability to work.” Question J.2.
Finally, the EEOC addressed employees who seek exemption from a vaccine requirement on the grounds of a sincerely held religious belief. The EEOC confirmed that “[e]mployees must tell their employer if they are requesting an exception to a COVID-19 vaccination requirement because of a conflict between that requirement and their sincerely held religious beliefs, practices, or observances (hereafter called “religious beliefs”).” Question L.1. Although the EEOC confirms employees need not use specific works to request the accommodation, they must inform the employer there is a conflict between their sincerely held religious believes and the employer’s COVID-19 vaccine requirement. In an effort to help employers and workers fairly address accommodation requests, the EEOC has made its own internal accommodation request form available to the public.
Although the EEOC affirmed its position that, “[g]enerally, under Title VII, an employer should assume that a request for religious accommodation is based on sincerely held religious beliefs,” the guidance also notes, “An employee who fails to cooperate with an employer’s reasonable request for verification of the sincerity or religious nature of a professed belief risks losing any subsequent claim that the employer improperly denied an accommodation.” Question L.2.
If you believe your employer’s policy relating to COVID-19 violate federal civil rights laws, contact MSE at info@mselaborlaw.com.
