Religious Exemptions and the Law

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of their sincerely held religious beliefs. See 42 U.S.C. §2000e-2(a) (“It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin.”). An employee may at any time request an exemption from workplace policies or rules for religious reasons. In fact, some employees have been seeking exemptions from COVID-19 vaccination mandates based on religious grounds. These requests must be handled cautiously and in compliance with applicable laws.

What are religious beliefs?

Religious beliefs are defined broadly, and the belief does not necessarily need to be rooted in common, recognized, or established religions, such as attending a church or synagogue. By contrast, social, political, or economic views, as well as mere personal preferences, aren’t religious beliefs protected by Title VII. With that being said, employers should assume that an employee's request is based on a sincerely held religious belief. However, if there is an inconsistency that might call into question an employee's sincerity, seek legal counsel to discuss how you can request additional supporting information.

Federal, State, and Local Laws

Title VII also requires employers with 15 or more employees to provide reasonable accommodations for an employee with a sincerely held religious belief or practice, unless it would cause an undue hardship. Guidance from the U.S. Equal Employment Opportunity Commission, which enforces Title VII, provides that employers must try to accommodate employees who are unvaccinated due to a religious objection or medical condition. Many states and local jurisdictions have similar laws, some of which cover smaller employers.

Unlawful Employment Practices

According to the EEOC government website:

SEC. 2000e-2. [Section 703]

(a) Employer practices

It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. (Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission (eeoc.gov)

EEOC guidelines to religious protections state that religious practices are those rules pertaining to "moral or ethical beliefs” and held with the strength of religious tradition. The rule imposes a duty to reasonable accommodation of a worker’s or prospective worker’s religious practice or observance. Exempt are practices that would cause “undue hardship” to an employer's business. Title VII makes exception to protections on agreements with religious corporations, associations, educational institutions, or societies. (Title VII Protected Classes | UpCounsel 2022)

Title VII and Disparate Impact

According to EEOC laws under Title VII, employees who have been victimized do not have to “prove” that an employment practice “causes a disparate impact on basis of color, race, religion, sex, or national origin, but must file a claim. The EEOC investigates claims of discrimination and adverse or disparate impact. For an employer to adequately and substantially defend against a disparate impact claim under Title VII, they must demonstrate that the employment practice in question was consistent with necessary business protocol; and no other way existed to achieve its legitimate purpose without adverse impact. Before a lawsuit can be filed against an employer, allegations must be filed with the EEOC in accordance with Title VII. If the EEOC finds an employee’s claim has merit:

• The Commission may sue on behalf of the claimant.
• The EEOC issues an employee’s “right-to-sue” letter.

In cases where a claim has no merit:

• An employee can still file a complaint of retaliation for filing a claim of harassment or discrimination and begin the litigation process in court.

Employees filing a complaint with the EEOC can charge an employer with violations and compensation for lost wages, benefits, reinstatement, and attorneys’ fees. Compensatory damages may also involve allegations of intentional infliction of emotional distress (IIED), and are typically costly, yet are “capped” by Title VII allowance depending on the size of the employer. (Title VII Protected Classes | UpCounsel 2022)

Limits on Scope and Application of Religious Exemptions:

Religious Exemption: The Law – a Summary | Law and Vaccines: List of Dorit Reiss' Blog Posts and Articles (uchastings.edu)

• Most courts ruled: you cannot limit the exemption to organized religion. Dalli v. Bd. of Educ., 267 N.E.2d 219, 222–23 (Mass. 1971); Brown, 378 So. 2d at 223, cert. denied, 449 U.S. 887 (1980). One exception – Kentucky – overturned later by legislature.
• If the legislature did not require a show of sincerity for a religious exemption, several courts ruled that officials cannot demand a show of sincerity. In re LePage, 18 P.3d 1177, 1180 (Wyo. 2001); Dep’t of Health v. Curry, 722 So. 2d 874, 878–79 (Fla. Dist. Ct. App. 1998).
• Belonging to a religion that supports vaccines does not mean someone can be denied an exemption: focus on personal belief, not orthodoxy. Berg v. Glen Cove City Sch. Dist., 853 F. Supp. 651 (E.D.N.Y. 1994); Matter of Shmuel G. v. Rivka G., 800 N.Y.S.2d 357 (N.Y. Fam. Ct. 2005).

Conclusion

Employers should understand what their legal obligations are for providing religious accommodations. It is imperative that employers train supervisors on how to identify and respond to accommodation requests. There should be documentation of every interaction and each request should be handled on a case-by-case basis.

Rochelle Arnold is a paralegal and graduate of RHEMA Bible School, as well as the Founder of Change the World Ministries. Her desire is to impact the culture for Christ through sound teaching and the fine arts. Author of Rags or Robes: Finding Your Identity in Christ & SOJOURNERS: In a Strange Land available on Amazon

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