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Defining “Sincerely Held Religious Beliefs” That Might Excuse Mandatory COVID-19 Vaccination?
CDF Labor Law ^ | 05/17/2021 | Mark S. Spring

Posted on 07/30/2021 8:23:00 AM PDT by Az Joe

Whether or not a religious belief is sincerely held by an applicant or employee is rarely at issue in most religious discrimination lawsuits. With both the EEOC and DFEH guidance requiring employers to accommodate an employee who has a sincerely held religious belief that prevents an employee from receiving any of the COVID-19 vaccinations, the issue of what is a “sincerely held religious belief” has become more important in employment law. This is particularly true for those employers that decide to mandate the COVID-19 vaccination as a condition of employment or condition of receiving certain employment benefits.


TOPICS: Government; Miscellaneous; News/Current Events; Politics/Elections
KEYWORDS: covid; religiousbeliefs; vaccination
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I had a dream last night, in it, it came to me that it goes against my faith to get the virus vaccination
1 posted on 07/30/2021 8:23:00 AM PDT by Az Joe
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To: Az Joe

Just claim it’s the Mark of the Beast; that should end it right there.


2 posted on 07/30/2021 8:24:54 AM PDT by SkyDancer (I Identify As Vaccinated)
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To: Az Joe

Is it not discriminatory establish state recognized religion? I am not overly religious but I object to experimental vaccines. I do have all approved vaccines—just got several shots for shingles, etc.


3 posted on 07/30/2021 8:26:24 AM PDT by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Wo)
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To: Az Joe; xzins

My sincerely held religious belief is that a government instituted mandate to inject yourself with an experimental substance in order to work, travel, eat, buy or sell, is a precursor to the Mark of the Beast.

It’s the trial run.


4 posted on 07/30/2021 8:27:27 AM PDT by P-Marlowe (I identify as fully vaccinated. )
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To: Az Joe

…and as a Catholic, my church encourages experimental vaccine so how do I have standing to object?


5 posted on 07/30/2021 8:27:54 AM PDT by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Wo)
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To: Reno89519

LOL! You are screwed.


6 posted on 07/30/2021 8:31:08 AM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: Az Joe

Amen.... Hallelujah.....Hare Krishna, Hare Krishna... 🙏


7 posted on 07/30/2021 8:34:18 AM PDT by Az Joe (FREE CHAUVIN!)
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To: Reno89519

That’s not quite how it works. The legal standard is YOUR deeply held religious beliefs, not necessarily what the beliefs of your Church are.


8 posted on 07/30/2021 8:35:17 AM PDT by TexasGurl24
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To: Reno89519

Also, Read the article, part of this is addressed:

“Sincerely Held Religious Beliefs Do Not Need to Be Express Tenets of a Religion in Order to Require Accommodation.”

To restrict the act to those practices which are mandated or prohibited by a tenet of the religion, would involve the court in determining not only what are the tenets of a particular religion, . . . but would frequently require the courts to decide whether a particular practice is or is not required by the tenets of the religion. . . . [S]uch a judicial determination [would] be irreconcilable with the warning issued by the Supreme Court in Fowler v. Rhode Island, 345 U.S 67 (1953) ‘[I]t is no business of courts to say . . . what is a religious practice or activity.’


9 posted on 07/30/2021 8:36:36 AM PDT by TexasGurl24
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To: Az Joe

9th commandment says you don’t.

This anti-vaxxer nonsense is tin foil hat.


10 posted on 07/30/2021 8:37:04 AM PDT by Sixgun Symphony (uie)
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To: Az Joe

11 posted on 07/30/2021 8:38:46 AM PDT by NachOsten (Alea iacta est!)
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To: Reno89519

Make them take you to court and appeal appeal appeal.

Sincerely Held Religious Beliefs Do Not Need to Be Express Tenets of a Religion in Order to Require Accommodation

CONCLUSION

Vanderbilt University recently published an excellent and interesting article on all the major religions and their views about vaccinations. The article indicates that virtually all religions commonly practiced in the United States do not mandate that their adherents avoid vaccination. Thus, it may be tempting for employers to simply (a) review this resource, or some similar resource, (b) ask the employee what religion he subscribes to that forms the basis of his refusal to vaccinate and (c) then tell the employee that his or her anti-vaccination views are not “religiously based.” However, as this article indicates, the inquiry is much more complicated and nuanced than that.

Any employer faced with a determination of whether or not an employee holds sincerely held religious beliefs that prohibit the employee from being vaccinated for COVID-19 would be wise to seek legal advice from an experienced employment attorney, who is familiar with this area of the law.


12 posted on 07/30/2021 8:43:07 AM PDT by Az Joe (FREE CHAUVIN!)
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To: Az Joe

G-d gave me an immune system, and I want to use it.


13 posted on 07/30/2021 8:43:10 AM PDT by Uncle Miltie (Critical Race Theory: black behavior is so bad it must be whitey's fault.)
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To: Reno89519

Your church does not!

The Vatican’s Congregation for the Doctrine of the Faith (CDF) stated in December that vaccination against COVID-19 is not a moral obligation – a statement that was approved by Pope Francis.

“At the same time, practical reason makes evident that vaccination is not, as a rule, a moral obligation and that, therefore, it must be voluntary,” the CDF said in its “Note on the morality of using some anti-Covid-19 vaccines.”

https://www.catholicnewsagency.com/news/247191/white-house-pope-francis-has-said-theres-a-moral-obligation-to-get-vaccinated


14 posted on 07/30/2021 8:45:09 AM PDT by Az Joe (FREE CHAUVIN!)
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To: Az Joe

I just received an email a couple of minutes ago from Gab.com regarding this very issue:

https://news.gab.com/2021/07/29/important-download-covid-vaccine-religious-exemption-documents-here/

Note, I have not had time to download and review...


15 posted on 07/30/2021 8:51:03 AM PDT by halo66
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To: Az Joe

The Sansvax Church of Christ I belong to forbids it.


16 posted on 07/30/2021 8:54:36 AM PDT by READINABLUESTATE (CENSORSHIP = VIOLENCE)
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To: SkyDancer; SamAdams76
My professional experience is most normal employers aren't tracking this stuff...it's still on the honor system. However, I've heard that in a few cases where they are asking, they will accommodate these "religious exemptions" but require the employee to mask-up.

Good companies will NOT start a fight with employees: the labor market is tight, good workers are hard to find, and nobody wants a PR donnybrook nowadays. Jackwagon private sector non-healthcare or educational employers mandating that employees vaxx up without exception are still in the minority

Now, yes, of course....the mask is nonsense. And my body, my choice. But many employers are in States or industries (like aviation...) where there ARE mandates and it's not "guidance." So it's often not the case, that senior management are all Fauci Fans. But they have a business to run, they have to make customers and employees happy, and have been handed a lousy hand.

If a reasonable employer asked me to "play ball," and I've been treated swimmingly, I'll play ball. After all, HR reps talk, and if I burn bridges calling senior management names on my way out the door, I'll either have to work for myself or live in a van down by the river. Reputation is hard-fought, but easy to lose.

17 posted on 07/30/2021 9:04:47 AM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
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To: Az Joe

I am curious how someone defines not getting the vaccine as a sincere religious belief? Did God telling me not to get it? Is there a specific tenant in the Bible that would suggest I don’t get it, and since I get other vaccines, why is an experimental one the exception or why are others the exception? What is the specific religious belief?


18 posted on 07/30/2021 9:08:08 AM PDT by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Wo)
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To: Az Joe

I’m not aware of any religious denomination that is against vaccination. Jehovah Witness, Christian Scientist, Mennonite, Seventh Day Adventist...none of them outright forbid vaccines, afaik.
Same goes for muslims. And clearly Jews aren’t against it or Israel wouldn’t have such high numbers vaccinated.
So, where are these religions that ban the use of vaccines?


19 posted on 07/30/2021 9:12:47 AM PDT by Buttons12 ( )
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To: DoodleBob

Good points.


20 posted on 07/30/2021 9:17:20 AM PDT by SkyDancer (I Identify As Vaccinated)
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