The University of Colorado medical school will pay more than $10 million to settle claims from 18 employees and students who allege that the school’s COVID-19 vaccination exemption policy was unconstitutional.
The school’s policy required evidence that an employee’s religion forbids immunization and rejected employee COVID-19 immunization exemption requests that it deemed personal or not part of a recognized belief system.
A federal appeals court found this policy unlawful because it tested the sincerity of an individual’s religious beliefs by judging whether those beliefs are doctrinally coherent or legitimate.
While this case involves a public institution, private sector employers should take note. Title VII requires accommodation of sincerely held religious beliefs absent undue hardship. EEOC guidance warns against assuming insincerity based on deviations from traditional religious practices. Employers that reject religious accommodation requests because they don’t align with a particular religion’s traditional teachings risk violating Title VII.
Employers should ensure that their reasonable accommodation policies do not permit them to challenge the sincerity of religious beliefs expressed by applicants or employees, except in rare cases and only after consultation with counsel.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.