undue hardship religious accommodation

H.1. 1630.2(k)(2) , an impairment that substantially limits one or more major life activities, based on an individualized assessment. (Updated 5/28/21). A.14. D.3. Information about similar protections under the Immigration and Nationality Acts anti-discrimination provision, which prohibits some types of workplace discrimination based on citizenship status, immigration status, or national origin, and protects against retaliation for asserting those rights, is available from the Civil Rights Division of the U.S. Department of Justice. (Updated 5/15/23). For more information on reasonable accommodation issues that may arise when employees return to the workplace, see Section G. For more information on reasonable accommodation and pregnancy-related disabilities, see Section J. Yes. Speaking out about or exercising rights related to workplace discrimination is called protected activity.. As noted in K 4., the employer is required to keep vaccination information confidential under the ADA. In fact, evaluating your compliance strategy as []. Prior to making a conditional job offer to an applicant, disability-related inquiries and medical exams are generally prohibited. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees to be vaccinated against COVID-19? EEOC Revises Guidance on Religious Discrimination in the Workplace The end of the declaration does not change the requirements of the federal equal employment opportunity laws discussed in this publication. Under GINA, as long as an employer does not acquire genetic information while administering the vaccines, employers may offer incentives to employees for getting vaccinated. In 2013, the USPS contracted with Amazon to deliver packages on Sundays. B.3. Other Conditions Caused or Worsened by COVID-19 and the ADA, N.9. Your email address will not be published. If a particular employee cannot meet such a safety-related qualification standard because of a disability, the employer may not require compliance for that employee unless it can demonstrate that the individual would pose a direct threat to the health or safety of the employee or others while performing their job. Finally, the Court addressed how an accommodation for some Christians who had observance obligations might have an impact other Christians who want to attend church services on Sundays but feel they dont meet the requirements for a similar accommodation. Employers should not engage in unlawful disparate treatment based on protected characteristics in deciding who is asked about possible exposure to persons with COVID-19. Some common reasonable accommodations include: a quiet workspace, use of noise cancelling or white noise devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of marginal functions that involve physical exertion to address shortness of breath. Under the ADA, are there limits on the value of the incentive employers may offer to employees for voluntarily receiving a COVID-19 vaccination administered by the employer or its agent? Some examples include: N.8. Although originally written for essential workers and employers, it is useful for all workers and employers. Reasonable Accommodations The Department of the Interior (DOI) provides reasonable accommodation for medical or religious reasons unless to do so would impose an undue hardship. Washington, DC 20507 (9/8/20; adapted from 3/27/20 Webinar Question 22). When an employee asks for a reasonable accommodation, whether the employee is fully vaccinated or not, the employer should engage in an interactive process to determine if there is a disability-related need for reasonable accommodation. The ADA permits employers to make disability-related inquiries and conduct medical exams to screen employees for COVID-19 when entering the workplace if such screening is job-related and consistent with business necessity. For more information on disability-related inquiries and medical examinations,see Section A. Therefore, requesting documentation or other confirmation of vaccination is not a disability-related inquiry under the ADA, and the ADAs rules about making such inquiries do not apply. Reasonable accommodations that may eliminate (or reduce to an acceptable level) a direct threat to self or others may include additional or enhanced protective gowns, masks, gloves, or other gear beyond what the employer may generally provide to, or require from, employees returning to its workplace. What are examples of reasonable accommodation that, absent undue hardship, may eliminate (or reduce to an acceptable level) a direct threat to self or others? This might include reliance on local clinics to provide a form, a stamp, or an e-mail to confirm that an individual is no longer infectious and is able to resume working. Analysis of these factors will likely include considerations based on the severity of the pandemic in a particular area and the employees own health (for example, is the employees disability well-controlled), and the employees particular job duties. These protections are available to workers with any type of caregiving responsibilities, including care for children, spouses, partners, relatives, individuals with disabilities, or others. Finally, an employer may also make clear that it will immediately review any allegations of harassment or discrimination and take appropriate action. There were questions concerning the impact on coworkers and when that rises to the level of an undue hardship in cases where the accommodation is disruptive or affects the business as a whole. CDC has explained that the risk for severe illness with COVID-19 increases with age, with older adults at the highest risk. All employers covered by Title VII should ensure that management understands in advance how to recognize such harassment. In the past, the employee therefore continued to come to the workplace. What actions should the employer take? characteristic covered by federal employment discrimination laws, What You Should Know About the Pregnant Workers Fairness Act, two federal employment discrimination laws, accommodation for employees based on pregnancy, Section L, Vaccinations Title VII Religious Objections to COVID-19 Vaccine Requirements, https://www.cdc.gov/vaccines/covid-19/clinical-considerations/covid-19-vaccines-us.html, reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below, how to recognize an accommodation request from an employee with a disability, Occupational Safety and Health Administration (OSHA) COVID-specific resources, to disclose that an employee is receiving a reasonable accommodation, to retaliate against an employee for requesting an accommodation, Section L, Vaccinations Title VII Religious Objections to COVID-19 Vaccine Requirements, disparate treatment in violation of Title VII, Guidelines on Discrimination Because of Religion, Section 12-IV.A.2: Religious Discrimination, Section 12-I.A.1: Religious Discrimination (definition of religion), Section 12-I.A.2: Religious Discrimination (credibility and sincerity), Section 12-IV.B: Religious Discrimination (discussing undue hardship), Section 12-IV.A.3: Religious Discrimination (reasonable accommodation), protects against retaliation for asserting those rights, new, returning, or ongoing health problems present four or more weeks after being infected with the virus that causes COVID-19, Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA, Workers with Long COVID-19: You May Be Entitled to Workplace Accommodations. Retaliation protections apply to current employees, whether they are full-time, part-time, probationary, seasonal, or temporary. To the extent that an employer is permitting telework to employees because of COVID-19 and is choosing to excuse an employee from performing one or more essential functions, then a requestafter the workplace reopensto continue telework as a reasonable accommodation does not have to be granted if it requires continuing to excuse the employee from performing an essential function. State or local laws may provide additional protections for workers with caregiving responsibilities. If an accommodation is not working or. Yes. How does an employer show that it would be an undue hardship to accommodate an employees request for religious accommodation? The deadline to submit and certify 2019 and 2020 EEO-1 Component 1 data is Monday, August 23,2021. The obligation to provide religious accommodations absent undue hardship is a continuing obligation that allows for changing circumstances. If the Court changes the standard of what constitutes an undue hardship under Title VII, employers will be best advised to adjust their approach to employee requests for religious accommodation. Employers may wish to consult CDC guidance or guidance from other public health authorities to determine if an elevated temperature is a possible indication of infection. Share sensitive The Jedi. The limitations from COVID-19 or Long COVID do not necessarily have to last any particular length of time to be substantially limiting. The COVID-19 worsens the persons heart condition so that the condition now substantially limits the persons circulatory function. The ADA does not interfere with a designated representative of the employer interviewing the employee to get a list of people with whom the employee possibly had contact through the workplace, so that the employer can then take action to notify those who may have come into contact with the employee, without revealing the employees identity. Employers may rely on CDC recommendations when deciding whether an effective accommodation is available that would not pose an undue hardship. N.11. Yes. Do employees who have a religious objection to receiving a COVID-19 vaccination need to tell their employer? Save my name, email, and website in this browser for the next time I comment. As with any accommodation request, employers may: ask questions to determine whether the condition is a disability; discuss with the employee how the requested accommodation would assist the employee and enable the employee to keep working; explore alternative accommodations that may effectively meet the employees needs; and request medical documentation if needed. (5/28/21). Older workers also may have medical conditions that bring them under the protection of the ADA as individuals with disabilities. Employers subject to Title VII of the Civil Rights Act of 1964 and most state laws understand that they have an obligation to reasonably accommodate the religious beliefs of their employees, unless such accommodation constitutes an "undue hardship." But just what does that term mean in the context of religious accommodation? Reasonable accommodations also may include additional or enhanced protective measures, such as High Efficiency Particulate Air (HEPA) filtration systems/units or other enhanced air filtration measures, erecting a barrier that provides separation between an employee with a disability and coworkers/the public, or increasing the space between an employee with a disability and others. EEOC Guidance establishes that an employer can consider these factors in denying a religious accommodation: The accommodation is too costly It would decrease workplace efficiency The postmaster first proposed adjusting his schedule to permit him to come to work after attending Sunday services and later tried to find volunteers to replace him on the Sunday schedule. (3/1/22). Employers may gather and disseminate information to their employees on low-cost and no-cost transportation resources serving vaccination sites available in their community and offer paid time-off for vaccination, particularly if transportation is not readily available outside regular work hours. Some of the issues initially created by the pandemic that delayed engaging in an interactive process and/or providing reasonable accommodation may no longer exist. Guidance from medical and public health authorities may be relevant to making certain legal determinations under one or more EEO laws (e.g., direct threat under the ADA). An impairment need only substantially limit one major bodily function or other major life activity to be substantially limiting. (12/14/21). A mere assumption that many more employees might seek a religious accommodationor the same accommodationto the vaccination requirement in the future is not evidence of undue hardship, but the employer may consider the cumulative cost or burden of granting accommodations to other employees. Costs to be considered include not only direct monetary costs but also the burden on the . No. The fact that an individual is not actually deterred from opposing discrimination or participating in an EEO complaint-related process or activity does not preclude an employers action from being considered retaliatory. Prior to the COVID-19 pandemic, most accommodations did not pose a significant expense when considered against an employer's overall budget and resources (always considering the budget/resources of the entire entity and not just its components). Alternatively, if an employee requests reasonable accommodation with respect to screening, the usual accommodation process should be followed; this is discussed in Question G.7. Nonetheless, not every impairment will constitute a disability under the ADA. Religious Accommodation Case Background Almost a half-century ago, the Supreme Court stated that an "undue hardship" need not be more than a de minimus amount ( i.e., small amount) in order for an employer to lawfully refuse such an accommodation. If an employee has a preexisting mental illness or disorder that has been exacerbated by the COVID-19 pandemic, may the employee now be entitled to a reasonable accommodation (absent undue hardship)? For example, a government employer may contend that granting a requested religious accommodation would pose an undue . F.2. Individuals are not entitled to an accommodation unless their disability requires it, and an employer is not obligated to provide an accommodation that would pose an undue hardship. If an employee chooses not to request accommodation in advance, and instead requests it at a later time, the employer must still consider the request at that time. The ADA requires that an employer keep all medical information about employees confidential, even if that information is not about a disability. It also applies to state and local government employers, employment agencies, and labor unions. If the Supreme Court rejectsHardisonsde minimis test, it could conceivably adopt an interpretation of undue hardship that aligns with the ADA interpretation requiring employers to accommodate, unless doing so would impose significant difficulty or expense. Under the ADA, employers may not coerce, intimidate, threaten, or otherwise interfere with the exercise of ADA rights by job applicants or current or former employees. If a job may only be performed at the workplace, are there reasonable accommodations for individuals with disabilities, absent undue hardship, that could offer protection to an employee who, due to a preexisting disability, is at higher risk from COVID-19? Yes. For additional information about pandemic-related caregiver discrimination under the laws enforced by the EEOC, see the EEOCs technical assistance document, The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws. Previously, the FDA granted Emergency Use Authorizations (EUAs) for the two other vaccinesone made by Moderna and the other by Janssen/Johnson & Johnsonauthorizing them for use in the United States for individuals 18 years of age and older. For example: For general information about caregiver discrimination and federal employment discrimination laws, see the EEOCs policy guidance, associated fact sheet, and best practices document. D.15. Title I of the ADA applies to private employers with 15 or more employees. In making these assessments, employers should check the latest CDC guidance(and any other relevant sources) to determine whether screening testing is appropriatefor these employees. Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition? Similarly, documentation must not be stored electronically where others would have access. Under GINA, may an employer offer an incentive to an employee in return for an employees family member getting vaccinated by the employer or its agent? address screening of employees generally. As a result, he became the focus of resentment and a grievance by a coworker. Denying Religious Accommodation against Mandated Vaccines | Foley Alternatively, an employer may send a general notice explaining that the employer is willing to consider employee requests for reasonable accommodation for employees with a disability or a sincerely held religious belief, practice, or observance, or to consider flexibility on an individualized basis for employees not eligible for reasonable accommodation (e.g., employees who request flexibility due to age). Engaging in protected activity, however, does not shield an employee from discipline, discharge, or other employer actions taken for reasons unrelated to the protected activity. See. What are examples of reasonable accommodation that, absent undue hardship, may eliminate (or reduce to an acceptable level) a direct threat to self or others? If there is such an employer requirement, the EEO laws do not prevent employers from requiring documentation or other confirmation that employees are up to date on their vaccinations (see K.9. On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. An employer requires workers to wear personal protective equipment and engage in other infection control practices. Episodic Conditions: Even if the symptoms related to COVID-19 or Long COVID come and go, COVID-19 or Long COVID is an actual disability if it substantially limits a major life activity when active.
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