sample letter vaccine religious exemption

SAMPLE LETTER VACCINE RELIGIOUS EXEMPTION VERIFICATION

Mercy Catholic Medical Center, a hospital worker claimed that his employer terminated him for failing to get a flu shot due to his religious beliefs. Denying a Religious Accommodation RequestĪn employer may be able to deny an employee's request for religious accommodation if it can establish that the accommodation is not sought for religious reasons. Others who are aware of the employee's religious practice or belief could provide such substantiation.

SAMPLE LETTER VACCINE RELIGIOUS EXEMPTION VERIFICATION

Because idiosyncratic beliefs can be sincerely held and religious, even when third-party verification is needed, it does not have to come from a clergyman. For example, written materials or the employee's first-hand explanation may be sufficient to alleviate the employer's doubts about the sincerity or religious nature of the employee's professed belief. The EEOC, however, has suggested that employees can substantiate their beliefs in any form and may not require third-party verification by a clergyman or other source. If an employer has an objective basis for questioning either the religious nature or the sincerity of a particular belief or practice, the employer can seek additional information. Questioning a Religious Accommodation Request Employers should, therefore, ordinarily assume that an employee's request for religious accommodation is based on a sincerely held religious belief. So, an employee's refusal to get a flu shot may not be based on religion at first glance, but the courts might view it that way. Believe it or not, a federal court recently confirmed that veganism, in some circumstances, can constitute a religious belief that could exempt an employee from a flu shot requirement.

The Equal Employment Opportunity Commission (EEOC) uses a very broad definition of 'religion.' It includes not only organized religions but also religious beliefs that are 'new, uncommon, not part of formal church or sect, only subscribed to by a small number of people or that seem illogical or unreasonable to others,' as well as non-theistic moral or ethical beliefs.

Their duty to evaluate accommodation requests is often triggered when an employee has a sincere religious belief that conflicts with a mandatory flu vaccination policy. Employers must accommodate religious observances and practices, absent undue hardship. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of their religion. But employers should review their rights and their employees' rights to successfully navigate such issues. Public Services, Infrastructure, TransportationĬan a health care provider force all employees to get flu shots, even over an individual's religious or medical objection? Generally, the answer is no.

Sample letter vaccine religious exemption