The technical assistance also discusses when it might be an undue hardship under Title VII to accommodate an unvaccinated employee.
The technical assistance indicates that “n many circumstances, it may be possible to accommodate seeking reasonable accommodations for religious beliefs, practices, or observances,” without it imposing an undue hardship, by considering accommodations such as telework and reassignment to a vacant position. The technical assistance continues to take the EEOC’s prior position that “enerally, under Title VII, an employer should assume that a request for religious accommodation is based on sincerely held religious belief.” If an employer has an “objective basis” for questioning the religious nature or sincerity of a belief, then it “would be justified” in making a “limited factual inquiry” and “seeking additional supporting information.” The technical assistance explains that although Title VII protection extends to “nontraditional religious beliefs,” it does not require accommodation for “social, political, or economic views, or personal preferences.” (Emphasis added.) The EEOC has set forth no specific language for the notice. The EEOC’s COVID-19 technical assistance confirms that an employee or applicant must notify his or her employer if the employee or applicant is requesting an exception to a COVID-19 vaccination requirement due to a sincerely held religious belief.
Here are five key takeaways from the updated technical assistance: The updated and expanded COVID-19 technical assistance, “ What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” adds a new section (section L) with information related to requests by applicants or employees seeking to be excused from COVID-19 vaccination requirements due to sincerely held religious beliefs, practices, or observances. Equal Employment Opportunity Commission (EEOC) updated its technical assistance related to the COVID-19 pandemic. Please familiarize yourself with the COVID vaccination policy and reference frequently asked questions related to the vaccination requirement.On October 25, 2021, the U.S. Additional information regarding these processes will be shared broadly with the campus community once further details are established. The university is finalizing details regarding the submission of negative COVID test information and compliance/enforcement procedures. If the request is approved, the individual will be required to arrive on campus with documentation of a negative COVID-19 test within the prior three days, begin the COVID-19 vaccination process immediately, participate in weekly COVID-19 testing until they are fully vaccinated and follow the university’s masking policy. Students, faculty and staff requesting a temporary postponement of the vaccination requirement must explain why they are making the request, where they are located, whether they have received a vaccine that is not authorized by the FDA or WHO and their plan for receiving a COVID-19 vaccine. Individuals will be notified as soon as possible regarding the university’s decision regarding an exemption request. If the exemption is approved, individuals will be required to submit a weekly negative COVID test before coming to campus and following the university’s masking policy. To be considered for a vaccination exemption, complete the COVID-19 Vaccination Exemption Request Form by August 13. The university will grant exemptions for valid medical and religious reasons. This policy applies to those working or learning on-campus and those working or learning remotely (off campus). This policy applies to all faculty, staff and students and is being developed to protect our community from COVID-19 infections and provide for a safe return to campus this fall. Last week the University of Michigan announced a mandatory vaccination policy for all three U-M campuses and Michigan Medicine.