How do workers get religious exemptions from vaccine mandates? It’s complicated
By Alexis Keenan
10/28/2021
As workers throughout the U.S. rally against COVID-19 vaccine mandates, the federal agency charged with preventing workplace discrimination has updated its guidance on how employers should navigate religious-based requests for exemptions.
Oct 18, 2021
The Equal Employment Opportunity Commission reiterated on Monday that federal law requires employers to consider requests for religious accommodation — but that it does not have to grant those requests if doing so would present an undue hardship. The EEOC also clarified that employers aren’t required to accommodate workers’ “social, political, or economic views, or personal preferences.”
Oct 5, 2021
The guidance comes ahead of a highly anticipated White House mandate expected to increase the number of worker requests for vaccination exceptions, either for religion or disability-based reasons. That directive is expected to require larger employers to mandate either COVID-19 vaccines or weekly testing for workers.
But the EEOC’s guidance may do little to sort the legal boundaries for religious accommodation requests being tested in courtrooms across the country. These cases can be complex because employers have a right to probe whether a worker’s stated religious belief actually conflicts with vaccination.
“That’s essentially the $64,000 question,” says Gus Sandstrom, a labor and employment lawyer. “That’s where all the complication lies.”
Title VII protects religious-based discrimination
U.S. workers hoping to qualify for a religious exemption must show they have a sincere religious belief that conflicts with getting vaccinated against COVID-19. Sandstrom explains that employers generally steer clear of challenging the worker’s sincerity because it’s so challenging to prove, yet often delve into the connection between the religious belief and its purported conflict with the employer’s policy.
Workers have a right to a religious exemption under Title VII of the Civil Right Act, Sandstrom explains. Aside from a narrow set of employers who aren’t engaged in interstate commerce, he says, the law covers nearly all U.S. employers and therefore nearly all U.S. workers. Even without the federal law, he said, a parallel state law would almost certainly require religious accommodation.
“Every employer should assume it applies to them,” Sandstrom says.
The Act obligates employers to make certain accommodations, such as prayer breaks or a schedule change to attend mass, to allow workers to do their jobs while keeping their religious practices intact. Under federal law, workers with sincerely held religious beliefs may work while unvaccinated so long as the accommodation doesn’t burden the employer, LaKeisha Caton, a labor and employment attorney with Pryor Cashman, told Yahoo Finance.
Oct 5, 2021
“If you’ve determined that the employee has this sincerely held religious belief, and may be entitled to reasonable accommodation, there needs to be some sort of analysis regarding what sort of reasonable accommodation can be granted,” Caton said.
In the case of COVID-19, that accommodation could include face masks, social distancing, modified shifts, remote work, or reassignments — as long as those things don’t constitute an under burden for the employer. Unfortunately, federal law doesn’t define “undue burden.”
For clues, employers must look to the 1977 U.S. Supreme Court decision TWA v. Hardison. In that case, the court held that the airline made reasonable efforts to accommodate a worker’s religious need to avoid working on Saturdays. However, ultimately the employer wasn’t obligated to offer an alternative because doing so would impose an undue hardship.
The court found the threshold for undue hardship was anything more than a minimum burden, Syracuse University law school professor Doron Dorfman told Yahoo Finance. To determine that threshold, courts and employers will have to weigh considerations such as costs, disruptions, and effects on other employees, according to Dorfman, who testified before a House subcommittee on Tuesday.
Sep 16, 2021
While the high court in TWA v. Hardison provided some guidance for employers on whether they’re actually required to grant the accommodation, the definition of undue burden continues to evolve.
“This now will be a rapidly developing area of the law, simply because there are so many, and so varied, requests that are coming in, that are based on religion,” Sandstrom says.
Oct 27, 2021
Aug 26, 2021
Raytheon CEO warns company could lose ‘several thousand’ employees over vaccine mandate
By Mike Brest
10/27/2021
Raytheon Technologies’s top boss warned that the U.S. aerospace and defense company will lose thousands of employees who have thus far refused to comply with the COVID-19 vaccine mandate.
“So, we’re going to be faced on Dec. 8 with a choice. We’re going to potentially lose several thousand people who refuse to be vaccinated,” Raytheon CEO Greg Hayes said in a CNBC interview on Tuesday. “Now, this is a tough thing, but we are preparing for it.”
Hayes also said that 83% of the company, which has a total workforce of roughly 125,000 U.S. employees, according to Reuters, is already vaccinated while another 6% are “in the process of being vaccinated.”
Additionally, there is another 3% of employees who are seeking either a religious or medical exemption, while another 3% have said they don’t intend to receive the vaccine, the CEO added, though he did not address the status of the employees who do not fall into those categories.
The company has already begun hiring people to fill the upcoming vacancies, Hayes said.
Raytheon had issued a companywide mandate requiring vaccination by Jan. 1, but that order was usurped when President Joe Biden declared that all federal contractors must receive the vaccine by Dec. 8.
Hayes’s comments came the same day Alabama Republican Sen. Tommy Tuberville sent a letter to the White House claiming that Biden’s “federal contractor vaccine mandate will have negative effects on our national security” and called on the president “to remove — or, at a minimum, delay and clarify — vaccination requirements on private companies and academic research institutions that are actively supporting the Department of Defense.”
Similarly, nearly a dozen Republican lawmakers on the House Armed Services Committee petitioned the White House and Defense Secretary Lloyd Austin to reverse the Pentagon’s vaccine mandate for contractors over fears that it could lead to supply chain issues.
Roughly 100 employees at United Launch Alliance, a Lockheed Martin and Boeing joint venture that contracts to both the Pentagon and NASA, walked off the job Monday over the federal government’s vaccine mandates and pledged to continue protesting in the days leading up to the deadline to be vaccinated.
Former WSU football coach Nick Rolovich to sue university over firing after refusing vaccine
According to a press release sent by his attorney, Rolovich is accusing WSU Athletic Director Pat Chun of “discriminatory and vindictive behavior.”
By KREM Staff
10/20/2021
PULLMAN, Wash. — Former Washington State University football coach Nick Rolovich was fired Tuesday, Oct. 19 after refusing to be vaccinated against COVID-19 and now he plans to sue the university.
According to his lawyer, Rolovich will be taking legal action against WSU and all parties responsible for his termination. The decision to terminate Rolovich came after his request for a religious exemption from the vaccine was denied by the WSU. According to his lawyer, WSU “indicated that even if the exemption had been granted, no accommodation would have been made.”
Rolovich is accusing WSU Athletic Director Pat Chun of “discriminatory and vindictive behavior,” according to the statement from his lawyer, Brian Fahling.
“Since at least early April, it became clear that Chun had already determined that Coach Rolovich would be fired,” Fahling says. “Chun’s animus towards Coach Rolovich’s sincerely held religious beliefs, and Chun’s dishonesty at the expense of Coach Rolovich during the past year is damning and will be thoroughly detailed in litigation.”
In the statement, Fahling says, “Chun’s discriminatory and vindictive behavior has caused immeasurable harm to Rolovich and his family. It is a tragic and damning commentary on our culture, and more specifically, on Chun, that Rolovich has been derided, demonized, and ultimately fired from his job, merely for being devout in his Catholic faith.”
Pope Francis, the leader of the Catholic Church, has encouraged people to get the COVID-19 vaccine.
Here is the statement from Rolovich’s lawyer in full:
“The termination of Washington State football coach Nick Rolovich on Monday was unjust and unlawful.
It came after Coach Rolovich’s request for a religious exemption from the vaccine was denied by the University. The institution also indicated that even if the exemption had been granted, no accommodation would have been made. As a result, Coach Rolovich will be taking legal action against Washington State University, and all parties responsible for his illegal termination.
Immediately after terminating Coach Rolovich, WSU Athletic Director, Pat Chun, directed campus police to escort the coach to his car, he wasn’t allowed into his office, and he was not even allowed to speak to his team. Since at least early April, it became clear that Chun had already determined that Coach Rolovich would be fired. Chun’s animus towards Coach Rolovich’s sincerely held religious beliefs, and Chun’s dishonesty at the expense of Coach Rolovich during the past year is damning and will be thoroughly detailed in litigation.
Chun’s discriminatory and vindictive behavior has caused immeasurable harm to Coach Rolovich and his family. Furthermore, the University’s deceitfulness about being unable to accommodate Coach Rolovich even if his religious exemption request had been granted, is exemplified by Chun’s actions arranging a “secret” donor trip that he had Coach Rolovich attend at the height of the pandemic in July 2020.
During that excursion, Chun and other attendees contracted the disease, but Coach Rolovich did not. It is a tragic and damning commentary on our culture, and more specifically, on Chun, that Coach Rolovich has been derided, demonized, and ultimately fired from his job, merely for being devout in his Catholic faith.”
KREM has reached out to WSU for a statement but has not yet received a response.
320万年薪傲视全州公务员 华盛顿州立大学教练拒打疫苗遭开除
10/20/2021
华盛顿州立大学(Washington State University，WSU)足球队总教练罗洛维奇(Nick Rolovich)年薪320万元，在领取州政府薪水的公务员收入排行榜称霸。但因罗洛维奇拒绝遵守华州要求公务员必须接种新冠疫苗的规定，本周稍早已被开除。华盛顿邮报报导，罗洛维奇堪称到目前为止，最为引人注目的公职人员拒打疫苗而丢饭碗案例。
华盛顿州立大学18日宣布已经解聘罗洛维奇。华盛顿州立大学美洲狮队(Washington State Cougars)体育主任秦派特(Pat Chun，音译)指出，罗洛维奇拒绝配合疫苗接种规定，已经失去获得校方聘用的资格。
秦派特在声明中说，这起事件让学校足球队感到沮丧。
42岁的罗洛维奇出身于夏威夷大学(University of Hawaii)足球队，2019年曾获西部山区联盟(Mountain West Conference)最佳教练。罗洛维奇年薪320万元，是领取华州州政府薪水的公务员当中排行最高者。
罗洛维奇今年暑假已经表明坚决不打疫苗，太平洋十二校联盟(Pacific-12 Conference)在洛杉矶举办媒体宣传，由于规定全体出席者必须打疫苗，罗洛维奇便因此缺席。
秦派特指出，校方与罗洛维奇协商长达数月，但罗洛维奇态度坚定，「他有权做出选择，他的决定就是不配合规定」。
华盛顿州立大学校长薛尔兹(Kirk Schulz)则在声明中说，虽然少数人士拒打疫苗而引发轩然大波，但学校接近90%雇员及97%学生则都打了疫苗。
薛尔兹说：「人们可以做选择，而且有好几个月的时间可以决定。这并不是突然发生的。」
除了罗洛维奇之外，华盛顿州立大学美洲狮队另外四名助理教练罗戈(Ricky Logo)、理查森(John Richardson)、史特兹曼(Craig Stutzmann)、韦伯(Mark Weber)，同样因为拒打疫苗，一并遭到开除。
美国ESPN知名体育记者拒打疫苗被开除
本文源自: 金融界网
10/20/2021
迪士尼旗下娱乐与体育节目电视网（ESPN）的知名记者艾莉森-威廉姆斯（Allison Williams）周一表示，她因为拒绝接种新冠病毒疫苗而被解雇，下周将是她在这里工作的的最后日子。
这位明星记者最出名的是她对美国大学橄榄球和篮球比赛的报道，她在社交媒体上的一段视频中说，她要求豁免不接种疫苗的请求被拒绝了。
威廉姆斯从2011年3月开始为ESPN工作。上个月，她在推特上发表声明称，在咨询了医生后，她拒绝接种疫苗，因为她和她的丈夫正试图生第二个孩子，接种疫苗“不符合我的最佳利益”。
ESPN的母公司迪士尼是众多要求员工接种疫苗的企业之一。该公司在一份声明中说，不会对威廉姆斯的个案置评。迪士尼表示，公司正在按照其法律义务，处理员工提出的豁免要求。
ESPN’s Allison Williams explains why she’s giving up her job over a vaccine mandate
By ANDREA HSU
10/20/2021
Lance King/Getty Images
ESPN college basketball and football reporter Allison Williams has joined a small minority of workers who have quit or been fired from their jobs over a vaccine mandate.
“I have been denied my request for accommodation by ESPN and the Walt Disney Company, and effective next week, I will be separated from the company,” she said in a video posted to Instagram on Friday.
ESPN’s parent company, Disney, had announced a vaccine mandate over the summer with a deadline of this Friday, Oct. 22.
In early September, Williams shared on Twitter that she’d decided not to get a COVID-19 vaccine while she and her husband were trying to have a second child.
“Taking the vaccine at this time is not in my interest,” she wrote.
The CDC has urged people who are pregnant or might become pregnant to get vaccinated, saying there is currently no evidence showing COVID-19 vaccines cause fertility problems and no data pointing to an increased risk of miscarriage among people who received an mRNA vaccine during pregnancy.
In the Instagram video, Williams spoke of her medical apprehensions about receiving the vaccine and added, “I am also so morally and ethically not aligned with this.”
“Ultimately, I cannot put a paycheck over principle, and I will not sacrifice something that I believe and hold so strongly to maintain a career,” she said in the video. “I’m going to pray things get better and that I can see you on the television set in some capacity in some stadium, covering some game soon.”
Williams, who had reported for ESPN since 2011, acknowledged she’s not the only one walking away from a career or a profession they love.
Hundreds of hospital workers have quit rather than get vaccinated, but they represent only a tiny fraction of employees overall. For example, Duke Health in North Carolina reported it had fired just 20 people out of a workforce of 23,000.
Meanwhile, United Airlines said it is terminating a couple of hundred of its 67,000 employees who did not comply with the airline’s vaccine mandate. Other employers that have imposed vaccine mandates are also reporting compliance rates topping 90%.
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Veteran police officer resigns over vaccine mandate in chronically understaffed department
The department has chronically been understaffed and more officers could resign over the mandate
By Emma Colton | Fox News
9/21/2021
A nearly 30-year police veteran in California resigned over San Jose’s vaccine mandate as the police force continues struggling with chronic understaffing.
“First of all, it’s my religious belief. I also believe I’ve been given a choice about what to do with my body,” Sgt. David Gutierrez said after he resigned from the San Jose Police Department this weekend, KPIX reported.
Gutierrez spent 23 years with the San Jose Police Department working as a homicide detective, internal affairs investigator and patrol supervisor, before retiring in 2019. He then returned to the force as a reserve officer.
Gutierrez worked his last shift at the department on Saturday, and said he sent a letter to the city manager on Monday denouncing the city’s vaccine mandate, which requires city employees to show proof of vaccination or get a medical exemption. Those who don’t comply face disciplinary action, such as termination.
“Disciplinary action is when you have done something wrong,” Gutierrez said, according to NBC Bay Area. “I have done nothing wrong – by making a choice not to be vaccinated why would you be disciplined?”
Gutierrez added that he is not anti-vaccine and would be open to the city testing him on a weekly basis instead of enforcing the vaccine or getting a medical exemption.
“I’m not anti-vaccine. I don’t tell people, ‘You shouldn’t get it.’ But when it comes to my body, it’s my choice about what I want to put in my body,” Gutierrez said.
He sent his resignation letter ahead of the city’s Sept. 30 deadline for employees to get the vaccine, and said more officers could also walk off the job amid the department already facing understaffing issues.
“We are already understaffed and can’t afford to lose more,” Gutierrez said.
“If they let go police officers who’ve been here five years, 10 years, 15 years, you can hire somebody else, but you’re not going to hire that experience though,” he added.
A recent audit examining the last 10 years of the police department found the force has heavily relied on overtime as it struggles with understaffing.
About 200 officers in the department have so far asked for exemptions, many of which are for religious purposes. But the Democratic mayor, Sam Liccardo, says the vaccine mandate is overall working and doesn’t anticipate an exodus from the force.
“This is certainly for the protection of the individual members of our city team. But it’s also, critically, for the safety of our entire community because we know, obviously, first responders are out there interacting [with the public] every day,” Liccardo said, according to KPIX.
Northern NY hospital to stop delivering babies after resignations over Covid-19 vaccine
BY Christine Vendel
9/12/2021
A hospital in New York plans to stop delivering babies later this month because too many maternity workers resigned rather than get the Covid-19 vaccine.
Lewis County Health System Chief Executive Officer Gerald R. Cayer announced at a news conference Friday afternoon that the maternity department would be closed on Sept. 25 until they can find enough vaccinated nurses to safely reopen it.
Cayer told reporters in Lowville, is the North Country of New York state, that seven of the 30 people who have resigned from the hospital worked in the maternity department, according to the news site NNY360.
Seven additional maternity workers have not said whether or not they will get their first vaccine shot by Sept. 27, which is the deadline set by the state for healthcare workers to get at least one shot, according to the news site.
The health system has a higher than average percentage of its staff vaccinated, Cayer told reporters, with 464 employees vaccinated out of 650, or 73 percent.
But there are still 165 employees who have not yet shared their decision with hospital management, WWNY television news reported.
Medical services in five other departments may have to be cut back as well if more staff members resign because they refuse to be vaccinated
“It just is a crazy time,” Mr. Cayer said, according to NNY360, “It’s not just LCHS-centric. Rural hospitals everywhere are really trying to figure out how we’re going to make it work.”
“If you don’t have staff, how do you deliver the service? That’s what I’m going to be talking about,” Cayer said.
The Health System is one of only two county-owned hospitals left in the state and is the largest employer in the county.
