From the Courts: Religious Exemption to Covid-19 Vaccination
US Federal Judge Blocks Navy Disciplinary Action Against SEALS Seeking Covid-19 Vaccination Religious Exemption
In Texas, a US federal judge issued a preliminary order restricting the US navy from taking disciplinary actions against 35 navy seals who refused to take the coronavirus (covid-19) vaccine on religious grounds. US district court judge, Reed O’Connor, remarked that the sailors had rights to be exempted from vaccination against the coronavirus based on religious grounds and the first amendment.
The officers, which included members of the Navy SEALS and Naval Special Warfare Command, had sued US President, Joe Biden; Defense Secretary, Lloyd Austin; Navy Secretary, Carlos Del Toro; and the United States Department of Defense. The lawsuit protested against the Navy’s mandatory vaccination policy, with the troops citing religious beliefs as reasons for vaccination exemption. Some of the beliefs brought forward by the Navy officers include direct and divine instructions not to receive the vaccine and opposition to injecting amounts of animal’s cells into one’s body.
How Employees Can Handle COVID-19 Vaccination Exemption Requests
For the last several months, employers across the US have had to deal with endless policies on the coronavirus vaccine and numerous exemption requests from employees. The recent US Navy lawsuit by the federal government is another reminder to apply caution while reviewing these applications.
That said, here are a few pointers on how to evaluate employee vaccination exemption requests to avoid any potential legal action:
1. Review Covid-19 Vaccination Exemption Policies and Train HR Personnel to Respond to Requests Appropriately
As we said earlier, there has been an endless influx of COVID-19 vaccination policies for different industries in recent months, each with its technicalities. Employees in these sectors must review these laws to understand them and train company HR personnel to do the same. Understanding these regulations is the first step to ensuring the business doesn’t cross any lines that warrant legal action. HR staff members should also receive training on appropriately handling COVID-19 religious exemption to determine if an employee deserves to have their application granted.
2. Create a Clear Covid-19 Vaccine Exemption Application Process for Employees
There should be no grey areas regarding COVID-19 vaccination religious exemption applications. Employers should clearly define the processes involved in filing such requests, including the forms to use and the appropriate HR personnel to received the forms. Managers should also not ignore verbal exemption appeals from staff members; instead, they should inform those involved of the appropriate company procedures.
3. Apply Caution When Determining If a Religious Belief Is Sincerely Held
Title VII of the Civil Rights Act mandates employers to accommodate employees who request vaccination exemption based on a sincerely-held religious belief. However, it can be tricky for executives to know if a religious belief is sincerely held. That said, the EEOC advises that employers must assume that a religious exemption application is due to a sincerely held religious belief, even if they’re not familiar with the practice. However, there are a few scenarios where HR managers can request further clarifications on a religious doctrine to enable them to evaluate a request, but they should do this with caution.
4. Define the Accommodations for Each Department
Company executives should also define the accommodations for employees in each department once they’ve granted their exemption requests. Generally, employers can require staff members to work from home, wear masks and maintain social distance within office premises, or seclude them to an isolated workspace within the building. These accommodations should typically depend on the job category and requirement.
5. Document the Review Procedures
Employers should mandate HR teams to document the entire review process for COVID-19 vaccination religious exemption, from employees submitting their requests to the interactive process and when the company grants the application. Company staff members should also sign a religious exemption request form after submitting their appeal.
Hire Legal Help for COVID-19 Mandatory Vaccine Policies
COVID-19 mandatory policies are becoming more and more challenging to deal with for businesses across the US. One wrong step in handling an exemption request could lead to an employee lawsuit. As an employer, you must ensure you have the proper corporate and legal structures in place to help you handle these regulations and the exemption requests. Hiring legal help to assist you with understanding these vaccination laws is one of the crucial steps to take.
At the Law Office of Sheri Oluyemi, we have expertise in US employment law, including COVID-19 mandatory vaccination policies. Contact us today, and let’s bring our vast experience to your aid.
Im pretty pleased to uncover this site. I want to to thank you for your time due to this fantastic read!! I definitely loved every part of it and i also have you book-marked to look at new stuff on your site.
I wanted to thank you for this wonderful read!! I definitely enjoyed every bit of it. I have got you book-marked to check out new things you postÖ
This is the right webpage for anyone who hopes to understand this topic. You realize so much its almost tough to argue with you (not that I actually will need toÖHaHa). You certainly put a brand new spin on a subject that has been discussed for many years. Excellent stuff, just wonderful!
Thanks for your blog, nice to read. Do not stop.