For employers covered under Title VII of the Civil Rights Act of 1964, “once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the influenza vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship.”
See question 13 in the Pandemic Preparedness in the Workplace and the Americans with Disabilities Actexternal icon for more information from the EEOC.
13. May an employer covered by the ADA and Title VII of the Civil Rights Act of 1964 compel all of its employees to take the influenza vaccine regardless of their medical conditions or their religious beliefs during a pandemic?
No. An employee may be entitled to an exemption from a mandatory vaccination requirement based on an ADA disability that prevents him from taking the influenza vaccine. This would be a reasonable accommodation barring undue hardship (significant difficulty or expense). Similarly, under Title VII of the Civil Rights Act of 1964, once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the influenza vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship as defined by Title VII (”more than de minimis cost” to the operation of the employer’s business, which is a lower standard than under the ADA).(36)
Generally, ADA-covered employers should consider simply encouraging employees to get the influenza vaccine rather than requiring them to take it.
https://www.eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-disabilities-act
Undue hardship to the employer, not you. In the case of the pandemic, hardship isn’t just about accommodation but also the perceived risk of having you around.
And the employer can ask for supporting documentation. Like a letter signed by your Pastor, Priest, Reverend and if they are not on board? You are going to be out of luck and at the Red Sea Moment.
I don't believe employers will do that - it seems to me that puts an employer in the position of deciding religious matters, and in potential legal jeopardy.
P4L