The EEOC explains that deciding whether an undue hardship exists depends on “the particular facts of each situation” and that an employer “will need to demonstrate how much cost or disruption the employee’s proposed accommodation would involve.” The technical assistance suggests that potential considerations might include whether the employee requesting a religious accommodation works outdoors or indoors, works in a solitary or group work setting, or works in close contact with other employees or members of the public (“especially medically vulnerable individuals”).Īnother relevant consideration, according to the technical assistance, is the number of employees seeking a similar accommodation and the cumulative cost or burden on the employer. 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.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |