The COVID-19 pandemic has caused considerable confusion among employers and employees. In addition to balancing health and workplace safety with the need to maintain productivity, employers also have to understand the laws around vaccine mandates.
Today, we’re going to look at religious exemptions to the vaccine. When are they allowed? And not allowed?
Let’s dig deeper into the issue and give some examples to help guide you through the process.
Can a Business Deny an Employee a Religious Exemption to the COVID-19 Vaccine?
A business can deny an employee a religious exemption to COVID-19 vaccination if it will cause the company undue hardship.
Undue hardship is essentially anything that imposes more than a minimal burden (“de minimis” burden) on a company, like putting other employees at risk or incurring costs.
Religious exemptions can also be denied if the employee’s religious belief isn’t sincere. Sincerely held beliefs are moral or ethical beliefs about what’s right or wrong that have the strength of traditional religious views.
Religious practices, however, don’t need to be part of Christianity, Judaism, Islam, Hinduism, Sikhism, Buddhism, or other more well-known religious groups to be considered sincere. Religious observances that aren’t part of a formal organization are accepted under Title VII of the Civil Rights Act.
In fact, the Supreme Court has said, “…religious beliefs need not be acceptable, logical, consistent, or comprehensible to others to merit First Amendment protection.”
Since it’s harder to prove an employee’s faith isn’t sincere, most employers look at whether the exemption would cause an undue hardship.
When deciding on a requested accommodation, businesses should consider the cost first and foremost and whether having unvaccinated workers would directly threaten their company.
Federal Law on Religious Accommodations
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion and requires employers to make reasonable accommodations for sincere religious beliefs unless doing so would cause an undue hardship. (That includes accommodations for vaccination requirements.)
Sincerely Held Religious Belief Examples
Some examples of sincerely held religious beliefs include:
- Holidays: Observing a holiday, like Rosh Hashanah or Ramadan
- Prayer: Adhering to a specific prayer schedule
- Dress: Maintaining a style of dress
- Head Covering: Wearing a yarmulke, hijab or another type of head covering
Religious Belief Cases—How It Works in the Real-World
This all may make sense in theory, but how does it work out in the world? The easiest way to understand this law is to look at how it’s played out across various settings. So, let’s dive in!
Dahl vs. Board of Trustees of Western Michigan University
During the pandemic, athletes at Western Michigan University sued the school after the university ignored their religious objections to getting the Covid-19 vaccine. The players said the vaccine was against their Christian beliefs.
While the university argued that its vaccination policy was neutral toward religion, the school barred them from competing without a Covid-19 vaccination.
The court ultimately sided with the student-athletes, although the school could ask them to wear masks.
Smith v. Fair Employment & Housing Commission
An instructive example of religious discrimination in court is a case out of California that set the bar for these issues.
Evelyn Smith, a Christian, refused to rent an apartment to an unmarried couple, claiming religious reasons. The couple filed a complaint with the Fair Employment and Housing Commission (FEHC), alleging discrimination.
In Smith v. Fair Employment & Housing Comm., 12 Cal. 4th 1143, 1166 (1996), Justice Kathryn Mickle Werdegar found that the renter’s marital status did not place an undue burden on Smith’s business, among other findings supporting the couple.
Friedman v. Southern California Permanente Medical Group
As we stated above, religious beliefs must be sincerely held, but they are not limited to the traditional ideas of organized religion. In Friedman v. Southern California Permanente Medical Group, the plaintiff’s “sincerely held belief” was veganism, i.e., eating no animal products whatsoever.
The man received a job offer from Kaiser with one small caveat: he had to submit to a mumps vaccine. The mumps vaccine is grown in chicken embryos, to which the plaintiff objected based on his religious beliefs.
Freidman said on record that he “…fervently believes that all living beings must be valued equally and that it is immoral and unethical for humans to kill and exploit animals, even for food, clothing and the testing of product safety for humans, and that such use is a violation of natural law.”
He ultimately lost his case as the California court ruled that the plaintiff’s beliefs do not address fundamental or ultimate questions, like the meaning of life.
While employers should always assume that an employee's religious beliefs are sincere, if there is doubt (like there was in this case), they should collect information and be prepared to defend their stance in court.
Like we said earlier, most employers tend to avoid questioning if a belief is sincere and, instead, examine whether an accommodation would cause them undue hardship.
Best Practices for Dealing with Religious Accommodation Requests
As you can see from the court cases above, every situation is different. However, there are some best practices you can follow to make your life a little easier. They include:
- Be consistent: Develop a COVID-19 vaccination accommodation policy and process where, for example, all employees must submit the same documentation to be considered.
- Communicate: Ensure the process for requesting accommodation is clear to all employees. It should be an interactive process where both team members and managers can ask questions. An employee’s request should be responded to promptly.
- Consider each request individually: Employers should consider each religious accommodation request based on context. For example, employers can look at whether an employee has close contact with others when making a decision about the vaccine.
- Document: Carefully document all requests for religious accommodation. If denying a religious accommodation request, have evidence to back up your claims.
Cover Your Bases with Religious Accommodations
To wrap it up: If an employee asks for a religious exemption from the vaccine, you don’t instantly need to honor it. Take a step back and think about whether it will cost your business money, make you lose out on revenue, or force you to restructure your business.
You can also consider some alternative accommodations, like frequent testing for employees who aren’t vaccinated.
Keep in mind that under federal law, any retaliation is illegal. The Equal Employment Opportunity Commission (EEOC) or other relevant agencies involved in protecting workers' rights in this area (e.g., the ADA or the state labor department) could bring legal action against employers that levy consequences on team members for requesting religious accommodations.
The best thing you can do? Cover all your bases. That means working with your human resources department to create a consistent policy, documenting everything and making sure all employees are treated equally.
1. Introducing Yourself
Your introductory email needs to pack a lot of information into a small package. Try something like this:
Sample
Text Copied to Clipboard
Copy

Hello Jane,
My name is John Doe and I work for ABC Agency, where we provide business insurance policies to many of Dallas' rockstar small businesses.
Congratulations on your new business, Jane's Bakery. Are you wondering if you have all the insurance you need? Or if your policies will really cover you in a pinch?
At ABC Agency, we pride ourselves on providing robust, comprehensive coverage options to companies like yours with flexible, pay-as-you-go plans.
Are you available this week to talk more about how we can help? I can help you find the most affordable rates and the best policies out there.
I look forward to speaking with you soon.
Cheers,
John Doe
2. Presenting a Quote
Once you've met with your potential client, a quick reply with their quote will get the ball rolling.
Sample
Text Copied to Clipboard
Copy

Hi Jane,
Thanks so much for meeting with me this morning. I loved touring Jane's Bakery–I can still smell those delicious chocolate chip cookies baking! You have a great location, and I'm sure you're going to do great on Front St.
After reviewing my notes, I've pulled together an insurance quote for you (attached). I recommend a business owner's policy. A BOP includes several insurance products in one: liability, property insurance, and business interruption insurance. It offers robust coverage at a competitive price.
I'll call you in a few days to see what you think about this insurance plan. In the meantime, if you have any questions, don't hesitate to email me or call me at [phone number].
Again, thank you for your time today. I look forward to working with you in the future.
Cheers,
John Doe
3. Thanks for Purchasing a Policy
Gratitude is important! It's never a bad idea to thank your clients for their business.
Sample
Text Copied to Clipboard
Copy

Hi Jane,
Thank you for choosing a business owner's policy with ABC Agency. We know it's so important to get the right coverage for your business, and we are honoured you've placed your trust in us.
We're excited to work closely with you, and our no. 1 goal is to make sure you're business is always protected.
Do you have any questions? We are here to help. Reach out whenever something comes to mind.
Thank you again for choosing ABC Agency to insure Jane's Bakery.
Cheers,
John Doe
4. Welcome Email
A welcome email helps clients feel like you're there to help–and can softly pitch other insurance products you offer.
Sample
Text Copied to Clipboard
Copy

Dear Jane,
Welcome to the ABC family! We are thrilled to have you as a new customer and can't wait to meet all of your insurance needs.
As an independent insurance agency, we work with multiple insurance providers to find the best coverage options for all our customers. If you need any other type of insurance–like [include additional offerings unique to your agency, like life insurance, health insurance, home insurance or anything else]–we can help you too.
Do you want to discuss any of these policies?
Cheers,
John Doe
5. Introducing a New Product
A happy client may want to expand their business with you.
Sample
Text Copied to Clipboard
Copy

Hello Jane,
I hope all is well with you and Jane's Bakery. I stopped in yesterday for a blueberry muffin and coffee, and they were delicious. I loved the hint of cinnamon in the muffin! Was that your idea?
I wanted you to be the first to know we are now offering commercial vehicle insurance to our policyholders. Auto insurance for your catering vans is super important since your personal car insurance won't cover them.
We're offering this insurance coverage solely to our current business clients at the moment and have some very competitive rates.
Would you like me to work up a quote for you?
As always, thanks so much for being a part of the ABC family.
Cheers,
John Doe
6. Asking For Referrals
Once your relationship is established and comfortable, let your clients help you grow.
Sample
Text Copied to Clipboard
Copy

Hi Jane,
You've been a valuable member of the ABC family for two years now, and we so appreciate your business–not to mention the muffins you supply for our monthly meetings!
Because you are a valued policyholder, I wanted to ask a quick favour. I know you are active in the local Chamber of Commerce, and I'm hoping you might know some colleagues who would benefit from working with our insurance company.
Referrals are one of the most effective ways to connect with our community since people really trust their friends, family and colleagues. Is there anyone you'd recommend I speak with?
Remember that in addition to business insurance products, we offer everything from life insurance policies to pet insurance.
As a thank you for your help, we will send you an Amazon gift card of $100 when your referrals buy insurance from us.
Thanks so much for your help!
Cheers,
John Doe
7. Policy Renewal
If your client needs to renew their policy with you, send an email like this:
Sample
Text Copied to Clipboard
Copy

Hi Jane,
I hope you're doing well! What a year it's been—from being listed as one of the top 5 bakeries in Dallas to being an official vendor for the city—you have so much to be proud of.
Just a heads up that your business owner's policy is up for renewal soon and will expire on June 15, 2023.
If you're still happy with the coverage, we can easily renew it for you.
Do you have some time to chat this week?
Looking forward to serving you again!
Cheers,
John Doe