For most employers, keeping in compliance with COVID-19 regulations has been a moving target. Thankfully, the Equal Employment Opportunity Commission (“EEOC”) and the Safer Federal Workforce Task Force (“Task Force”) have updated their Frequently Asked Questions pages regarding the COVID-19 pandemic, clarifying the rights and responsibilities of employers instituting vaccination policies.
In the EEOC’s updated FAQs, the agency clarifies the exemptions available to employees who object to an employer’s vaccination policy for medical or religious reasons. The guidance clarifies that employers are required to accept medical and religious exemptions, and these exemptions must be considered on an individualized basis. However, employers are also permitted to consider the credibility of the employee’s statements when determining the sincerity of their religious beliefs, including whether the employee has acted inconsistently with their professed beliefs, whether the accommodation is for a non-religious reason, and the timing of the request compared to similar secular requests. Although the guidance explains that prior inconsistent behavior is not dispositive of an employee’s religious exemption request, it may be considered. The guidance also clarifies that employers need not provide exemptions to those who object to vaccination policies on a political, social, or economic basis. Finally, the guidance recognizes that the CDC has approved vaccinations for pregnant persons, but states employers should still consider a pregnant employee’s medical exemption request even if based solely on their pregnancy.
In the Task Force’s updated FAQs, the group clarifies President Biden’s Executive Order mandating vaccines for federal contractors, addresses accommodations, and discusses the potential for delaying vaccination under certain circumstances. The FAQs clarify that where an employee requests an exemption, and the exemption is denied, the contractor should establish a timeline for the covered employee to promptly become fully vaccinated. The FAQs also clarify that where an employee requests to delay vaccination due to a medical condition, the contractor should specify when the employee is expected to be fully vaccinated and implement distancing and masking protocols until such time.
The attorneys at Fishel Downey regularly advise officials on compliance with local, state, and federal COVID-19 rules and regulations. If you have a specific question or scenario, and would like assistance, contact one of the attorneys at Fishel Downey Albrecht & Riepenhoff LLP at 614-221-1216.