The EEOC, however, has suggested that employees can substantiate their beliefs in any form and may not require third-party verification by a clergyman or other source. If an employer has an objective basis for questioning either the religious nature or the sincerity of a particular belief or practice, the employer can seek additional information. Questioning a Religious Accommodation Request Employers should, therefore, ordinarily assume that an employee's request for religious accommodation is based on a sincerely held religious belief. So, an employee's refusal to get a flu shot may not be based on religion at first glance, but the courts might view it that way. Believe it or not, a federal court recently confirmed that veganism, in some circumstances, can constitute a religious belief that could exempt an employee from a flu shot requirement. The Equal Employment Opportunity Commission (EEOC) uses a very broad definition of "religion." It includes not only organized religions but also religious beliefs that are "new, uncommon, not part of formal church or sect, only subscribed to by a small number of people or that seem illogical or unreasonable to others," as well as non-theistic moral or ethical beliefs. Their duty to evaluate accommodation requests is often triggered when an employee has a sincere religious belief that conflicts with a mandatory flu vaccination policy. Employers must accommodate religious observances and practices, absent undue hardship.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of their religion.
But employers should review their rights and their employees' rights to successfully navigate such issues. Public Services, Infrastructure, TransportationĬan a health care provider force all employees to get flu shots, even over an individual's religious or medical objection? Generally, the answer is no.