schools, businesses and governments requiring COVID-19 vaccination have offered religious exemptions. Employers should discuss the matter with affected employees before discontinuing an accommodation and seek a solution that would not impose an undue hardship.Many U.S. "If more than one accommodation would be effective in eliminating the religious conflict, the employer should consider the employee's preference but is not obligated to provide the reasonable accommodation preferred by the employee," the EEOC says.Īn employer who grants a religious accommodation may later choose to discontinue it depending upon changing circumstances and hardships, while employees may seek additional or different accommodation if their beliefs or practices change. Additionally, if there is more than one way to provide religious accommodation to an employee, the employer may choose which route to take. Undue hardships can include but are not limited to impairing workplace safety and reducing efficiency in other jobs.Īn employer may grant religious accommodation to some employees but may deny it to others, depending on the "specific factual context" and assessment of undue hardships in each case. The EEOC advises businesses to "rely on objective information" and not on speculative hardships. Undue HardshipĮmployers are permitted to reject a request for an exemption if they can show the accommodation would impose an undue hardship on the business. Title VII does not protect "social, political, or economic views, or personal preferences" and so an exemption cannot be sought on that basis. ![]() However, the EEOC highlights the fact that beliefs can change over time, as can the degree of adherence to a belief, and therefore the employer "should not assume that an employee is insincere simply because some of the employee's practices deviate from the commonly followed tenets of the employee's religion, or because the employee adheres to some common practices but not others." The EEOC notes that the "sincerity of an employee's stated religious beliefs also is not usually in dispute" but it can be called into question based on factors including past behavior inconsistent with the stated beliefs or if the timing of the request makes it suspect. Employers cannot assume a request is invalid because the religious beliefs in question are unfamiliar to them. Nontraditional beliefs are protected but employers may make inquiries about the nature of employees' beliefs. Protected BeliefsĮmployees should also not assume that employers are familiar with their particular religious beliefs. If the person seeking an exemption does not cooperate with that inquiry, they risk losing any later claim that their employer denied them accommodation improperly. "As a best practice, an employer should provide employees and applicants with information about whom to contact, and the procedures (if any) to use, to request a religious accommodation," the EEOC says.Įmployers should generally assume that a request for a religious exemption is based on sincerely held beliefs but they are permitted to make "a limited factual inquiry" and seek "additional supporting information."
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |