EEOC Issues Updated COVID-19 Technical Assistance
By Megan E. Bomba
November 9, 2021
The Equal Employment Opportunity Commission issued updated technical assistance for employers to follow in relation to COVID-19 vaccination mandates. With many employers moving towards mandating the COVID-19 vaccine for its work force, the EEOC recognized that employers may need more guidance for instituting and enforcing mandates as well as granting accommodations. The technical assistance addresses questions regarding religious objections to employer vaccination requirements as they interact with federal equal employment opportunity (EEO) laws. The key points of the technical assistance include:
- If seeking an exception to an employer’s COVID-19 vaccine requirement due to a sincerely held religious belief, practice or observance, employees and applicants must inform the employer.
- While Title VII requires employers to consider requests for religious accommodations, it does not require the same of social, political, economic or personal views for those who seek an exception to a COVID-19 vaccination mandate.
- In certain situations where employers demonstrate undue hardship, they may not be required to honor a request for religious accommodation.
It is important to note that this guidance applies exclusively to vaccination mandates by employers and does not apply to other mitigation laws or requirements for the state or region. The technical assistance answers questions only from the perspective of the EEO laws. The EEOC assured that new guidance would be released if any further developments occurred.
Considering the recent vaccine mandate from the Occupational Health and Safety Administration, the technical assistance will be helpful as employers navigate exemptions leading up to the effective date of the rule.
Should you have any questions about the technical assistance, or any other issue related to employment, please do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Labor and Employment Law Group.