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How to Reduce Risk of Litigation: Mandatory Covid-19 Vaccine Religious Exemption

September 9, 2021

As we attempt to escape the dark days of the COVID-19 pandemic, thanks in no small part to the availability of a vaccine, new changes are still being made in offices across the United States and the world to make that exit a reality. In the US, several  employers require staff members to take vaccinations to keep the office safe and free from health scares.

But one size does not fit all — several employees are requesting an exemption from compulsory vaccinations on various grounds, including religious reasons. But is this a conversation worth having? And what does US federal law say about the rights of individuals to exempt themselves from compulsory vaccinations on religious grounds? Let’s find out.

Understanding Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on religious beliefs or practices. In the case of the mandatory COVID-19 vaccinations, this law requires small business owners to accommodate a staff member’s request to be exempted from compulsory vaccinations because of sincerely-held religious beliefs.

Of course, this does not mean employers must accept an employee’s plea not to take the vaccine without question. Based on specific clauses in Title VII, company executives can look into religious objections made by employees to determine whether their requests are legitimate and fall in line with the requirements of the law.

Quickly, let’s look at some clauses in Title VII that may help small business owners handle issues surrounding religious exemptions from COVID-19 vaccinations.

Determining Whether the Employee’s Request is Based on Sincerely Held Religious Beliefs

While US laws require company executives to accommodate a staff member’s sincerely held religious beliefs, it can be tricky to recognize this belief, faith, or practice.

For clarity, Title VII does not recognize philosophical, political, and social ideologies under religious beliefs. As such, employees cannot use those factors as a basis to exempt themselves from vaccinations. Title VII also does not cover personal preferences.

That said, when an employer is not clear on the religious beliefs of a staff member, the employer can request additional information – either through documentary evidence of the tenants and dogma of the faith or one-on-one explanations – to clarify the situation. However, before casting doubt on an employee’s beliefs, the employer must ensure her reservations are objective and not coming from a place of discrimination. To be on the safe side, though, we would recommend companies consult legal help for complete clarity and guidance before making any move to question a team member’s religious objections.

Refusing Appeals for Religious Vaccination Exemptions Because of Undue Hardship

Under Title VII of the Civil Rights Act, employers may deny a staff member’s plea for exemption if granting the request would cause undue business hardship. For better understanding, approving a request for religious accommodation may cause undue hardship if:

●      It will significantly decrease business efficiency and productivity

●      It will infringe the rights and privileges of other members of the workforce

●      It puts staff and  customers at risk of workplace hazards

●      It may require other members of the team to execute more than their quota of hazardous tasks

●      The accommodation is too costly

Accommodations to Consider in the Event of Religious Exemptions from Mandatory COVID-19 Vaccinations

If an employer decides to grant an employees’ requests to be exempted from COVID-19 vaccinations, the employer may need to make some changes around the office to accommodate these individuals. Some of the steps an employer can take for exempted employees may include:

●      Mandatory wearing of face masks

●      Social distancing within office premises

●      Remote working

●      Isolation to a specific workplace

●      Alterations to employee’s work schedule to limit interactions with clients and other members of the workforce

Before putting these measures in place, the employer will need to review company policies on religious accommodation with company executives and managers; discuss with employees the proposed accommodations to be put in place around the office; and, appoint a supervisor to process and respond to all requests for religious accommodations.

Get Legal Help 

Employment laws in the US can be tricky, and when it comes to religious exemptions from COVID-19 vaccinations, small business owners may require the aid of a legal professional to navigate the muddy waters and avoid any potential litigation.

Therefore, if you are in need of an attorney to help you with issues relating to religious exemptions from COVID-19 vaccinations, consider contacting The Law Office of Sheri Oluyemi, LLC. We have an experienced team of professionals who specialize in employment law cases for small businesses, and we can provide your company with the legal counsel to respond to religious accommodations for COVID-19 vaccinations.

Breaking It Down: Georgia Paid Lactation Breaks

November 9, 2020

Thanks to the relevatively recently enacted paid lactation breaks law, providing lactation breaks is required of all employers in Georgia.

Lactation breaks were already required under the federal Fair Labor Standards Act (FLSA) and most states have followed suit. Now, however, Georgia is taking it a step further and adding more protection to its law for the sake of its employees. O.C.G.A. § 34-1-6. Keep reading to learn everything that you need to know.

The Battle for Breastfeeding

There has been an ongoing debate for years over the propriety of breastfeeding in public, in the workplace, or anywhere other than the comfort of home. However, as this is a natural and necessary part of motherhood for many, it is unfair and illegal to discriminate against women who need to take additional breaks in the workplace or have some type of support to allow them to handle their lactation needs.

The battle for equality in the workplace has been raging for years and may never fully become realized entirely, but at least for now, those who need lactation breaks can trust that they will get them. The FLSA has had a provision in place for some time that mandates that employers allow lactation breaks in a space other than a bathroom. However, this does not require those breaks nor require that they be paid, simply to be provided as they are needed to any woman who is nursing and may need to take a break as a result.

Georgia Takes It Further

The initial law in Georgia was a permissive provision that followed the exact parameters of the FLSA requirement. For a while, that worked for the state. However, it has recently updated the lactation breaks law to include paid breaks for all employees. Under the new guidelines, the law states that:

  • Employees must be given breaks of a “reasonable duration”

  • Breaks should be paid at their regular compensation rate

  • Breaks are not mandated when employees are working away from the main worksite

  • Employers cannot reduce pay or force employees to use paid leave to cover lactation breaks, even for salaried and exempt employees

  • A private location, other than a bathroom, needs to be provided

There is also a provision in the new law for smaller employers with fewer than 50 employees permitting them to follow this code, so long as it does not cause “undue hardship” to the business. Companies will need to consider their size, resources, and nature of business to determine whether they have any situations that would qualify as undue hardship, but this is typically decided on a case-by-case basis.

The employer does still have some say in what is deemed “reasonable” and “necessary”, of course, but for the most part, employees can take the breaks that they need, when they need them. If they are a Georgia employee, they are now also going to get paid for that time.

To make sure that the FLSA is expanded upon properly, Georgia also put provisions to prevent a one-year cap on this allowance. Instead, employees can continue to take the breaks for as long as reasonably necessary. Georgia, and all states, can provide this greater benefit because the FLSA does not preempt any state laws offering better protection. The FLSA is the minimum standard, and nothing more.

The FLSA does provide protection from retaliation for employees. If an employer is not pleased with having to provide these breaks, they may try to dock the employee’s pay or retaliate against them in another way. The FLSA prohibits this behavior, and as noted above, the new Georgia law reinforces that no one can be penalized for taking these breaks, including exempt and salaried employees.

New Times Call for New Considerations

As the public health crisis continues to put the emphasis on people first, companies are starting to come around to better benefits, such as in the case of the updated paid lactation breaks law in the state of Georgia. Things are changing. As a result, previously contentious topics like lactation breaks are now coming to the forefront hoping to be impacted positively by the wave of change.

It will be a matter of time until the benefits of this new law are seen firsthand, but it already gives working nursing mothers more peace of mind.

Georgia COVID-19 Pandemic Business Safety Act

July 24, 2020

Recently, the Georgia General Assembly approved the Georgia COVID-19 Pandemic Business Safety Act which provides protections for businesses from liability that may be linked to the transmission, exposure, or potential exposure to COVID-19, except in cases of gross negligence, wanton misconduct, reckless infliction of harm, or intentional infliction of harm. This law applies to all actions that occur prior to July 14, 2021.  The laws effective date is August 7, 2020.

What does this mean for employers?

The Act provides that businesses and healthcare facilities are not liable for the “transmission, infection, exposure, or potential exposure of COVID-19” unless such outcomes occur as a result of gross negligence, wanton misconduct, or reckless or intentional infliction of harm. The Act also includes a presumption of risk for potential claimants.  Put simply, this presumption means that a potential claimant assumes the risk of potential COVID-19 related outcomes and waives all rights to potential civil claims except in instances of gross negligence, wanton misconduct, or reckless and/or intentional infliction of harm.

A business that posts signage explaining its patrons’ assumption of risk under Georgia law establishes a rebuttable presumption against future claims related to COVID-19. This presumption also applies to healthcare facilities. The law enumerates specific requirements related to the signage.  Specifically, a sign must be at least 10-point Arial font and be visibly posted near at least one point entry for the establishment. A receipt or proof of purchase for entry or attendance issued to a claimant (including an electronic or paper ticket or wristband) may include a statement in at least ten-point Arial font warning those entering the premises that:

“Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.”

What does this mean for individuals?

In order for an individual to have a viable COVID-19 liability claim against a business, he or she must prove that the business did not exercise even the slightest diligence against the transmission of COVID-19.

Thus, in cases where a business displays appropriate signage at a point of entry explaining its lack of liability, claims regarding COVID-19 liability are more likely to be dismissed due to the claimant’s presumption of risk upon entry of the premises.  Therefore, unless a patron or employee is able to establish negligence, misconduct, or reckless or intentional infliction of harm, it is unlikely a claimant will prevail.

It should also be noted that the Act provides that failure to post warnings is not admissible evidence to prove a businesses liability in a COVID-19 liability claim.

What does this mean for employees?

Notwithstanding the enactment of this law, the GA Department of Public Health continues to recommend that employers and employees:

  • Use teleworking technologies to the greatest extent possible.

  • Stagger work schedules.

  • Consider canceling non-essential travel.

Additionally, businesses should also:

  • Hold larger meetings virtually, to the extent possible.

  • Arrange the workspace to optimize the distance between employees, ideally at least six feet apart.

  • Urge high-risk employees to stay home.

  • Urge employees to stay home when they are sick and maximize flexibility in sick leave benefits.

  • Follow CDC guidance for community events and groups.

Stay Safe Everyone; We Are In This Together.