Two recent COVID-19 vaccine accommodation decisions illustrate the potential cost and disruption of disputes over the sincerity of an employee’s professed religious belief.
In one case, a jury found that an employee failed to establish a sincere religious objection to vaccination. In the other, a federal court allowed a religious discrimination claim to proceed based largely on allegations that the employer placed artificial hurdles in the accommodation process. Both cases arose from employment separations that occurred roughly five years ago — underscoring the time and expense that these disputes can create.
Courts may closely examine procedures that appear to discourage requests or make them difficult to substantiate. Those procedures also could draw EEOC scrutiny, particularly if they seem designed to test or disprove an employee’s beliefs rather than fairly evaluate the request.
Even when employers have legitimate reasons to question an employee’s beliefs, they should carefully weigh the value of doing so against the cost and risk of a prolonged dispute. Employers often will be better served by engaging in the interactive process, exploring available accommodations, and assessing undue hardship.
Click here to read more from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association.