Executive Order 11246 provides nondiscrimination protections for employees of federal contractors by clarifying that the religious exemption does not permit contractors to discriminate against applicants or employees based on race, color, sex, sexual orientation, gender identity, or national origin, even if due to a sincere religious belief. 3. Salmon DA, Moulton LH, Omer SB, DeHart MP, Stokley S, Halsey NA. CMS-initiated waivers are communicated to providers via the communication channels noted below. How does the Religious Freedom Restoration Act (RFRA) interact with Executive Order 11246? 2. 86 Fed. All but three states offer nonmedical exemptions for religious or philosophical reasons. The parent refused all vaccines for their child. We will continue to provide any needed compliance assistance on the religious exemption, including issuing frequently asked questions, conducting webinar(s), and providing other compliance assistance requested by stakeholders. If an employer grants a religious accommodation for a certain practice must it grant the same exception for all employees? Washington, DC 202101-866-4-USA-DOL1-866-487-2365www.dol.gov, Office of Federal Contract Compliance Programs, Office of Administrative Law Judges OFCCP Collection, Significant Guidance Documents (formerly "Guidance Documents"), Functional Affirmative Action Programs (FAAP), Notification of Construction Contract Award Portal, Opening Doors of Opportunity for All Workers Poster, Religious Exemption Final Rule Frequently Asked Questions, Rescission of Implementing Legal Requirements Regarding the Equal Opportunity Clauses Religious Exemption Rule. 61561, 61616-61627. ol{list-style-type: decimal;} Statement in compliance with Texas Rules of Professional Conduct. Executive Order 11246 prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. Watch on That said, employers may question either the religious nature or the sincerity of a particular belief, practice, or observance if there are facts that provide an objective basis for doing so. The rescission of the 2020 religious exemption rule effectively restores OFCCPs longstanding policy and practice and, as such, does not affect implementation of the Guidelines. As part of his litigation practice, Dan represents employers in state and federal courts in discrimination, harassment, and retaliation lawsuits, whistleblower claims, and wage and hour collective actions. For example, one employee might observe dietary restrictions for religious reasons while another employee observes the same dietary restrictions for health or environmental reasons. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. 5. Religious exemption indicates that there is a provision in the statute that allows parents to exempt their children from vaccination if it contradicts their sincere religious beliefs. or pGn86k Exemptions from state or local requirements may apply to some children. The request must include the following information: The request for extension or exemptionmust be accompanied by supporting documentation demonstrating the need. .gov 1. She also researches and has written extensively on vaccine mandates and religious exemptions. CMS expects all hospital staff to have received the appropriate number of vaccine doses by the timeframes specified in the applicable memo; those deadlines are built upon the memo's issuance date of either December 28, 2021, or January 14, 2022. If a proposed religious accommodation would impair workplace safety, diminish efficiency in other jobs, or cause coworkers to carry the accommodated employees share of potentially hazardous or burdensome work, an employer may be able to demonstrate that it is not required to accommodate the employees request. On December 8, 2022, the FDA amended the emergency use authorizations (EUAs) of the updated (bivalent) Pfizer-BioNTech (PDF) and Moderna (PDF) COVID-19 vaccines to include use in children down to 6 months old. Instead, it resulted in increased uncertainty about the religious exemption because of its divergence from the approach to the Title VII religious exemption taken by courts and the Equal Employment Opportunity Commission, as well as from OFCCPs past practice. hb``c``f+*`2p4 A1 Even if an employees belief is sincerely held, an employer may deny accommodation if, after considering all possible solutions, the accommodation would pose an undue hardship to the employer. Democratic Gov. 7500 Security Boulevard, Baltimore, MD 21244, An official website of the United States government. See the CDC's, Talking to People with Medicare about the COVID-19 Vaccine (PDF). Last week, the EEOC issued new guidance on how to apply anti-discrimination laws to an applicant or employee's request for a religious exemption from an employer's COVID-19 vaccination. lock With COVID-19 vaccine mandates taking effect around the country, requests for religious exemptions are on the rise. Similarly, ways of living, such as veganism, pacifism, or minimalism are not protected religious beliefs. This article addresses some of the top questions concerning religious exemption requests. In this scenario, the employee whose practice is based upon a sincerely held religious belief qualifies for religious exemption whereas the employee who engages in the same practices but for secular reasons might not qualify for accommodation. In general, the courts have weighed the following factors in assessing whether this test is satisfied: (1) whether the entity operates for a profit; (2) whether it produces a secular product; (3) whether the entitys articles of incorporation or other pertinent documents state a religious purpose; (4) whether it is owned, affiliated with, or financially supported by a formally religious entity such as a church or synagogue; (5) whether a formally religious entity participates in the management, for instance by having representatives on the board of trustees; (6) whether the entity holds itself out to the public as secular or sectarian; (7) whether the entity regularly includes prayer or other forms of worship in its activities; (8) whether it includes religious instruction in its curriculum, to the extent it is an educational institution; and (9) whether its membership is made up by coreligionists. [a9tA O ^ hk%qJ x$ArMlShmxS}{z(XdWFFFf #^ZnRwIy-jz&nV#rkfw&RyVk7nWn?2oy[O?o^l/?mu5|~cJ{nBZ5k{|/z|ygoxo_zuo_wo^pOo_,?|s }s?o_>7WwY25?O>LzujJ>~]jW_UY}W? In a Monday letter, co-signed with West Virginia Gov. Religious beliefs include both theistic and non-theistic moral or ethical beliefs as to what is right and wrong. Form: GSA19R Request for a Religious Exception to the COVID-19 Vaccination Requirement Form is for GSA employee use only. OFCCP will also announce any additional materials or webinars in the near future through our OFCCP email alerts. 8>q)`FPJ..aYB:hUuE+]0V%a !|B* aYL_rQ@:oqey_=|-7Fy1iUjv&yF .kRx1V&V:#.e17U^8PR#">g|g+gg0.j GSA19R-22.pdf [PDF - 678 KB ] PDF versions of forms use Adobe Reader . In CMS-initiated waivers, providers do not need to take any action to be granted an exemption or extension. The medical exemption request form should be sent . Examples of acceptable forms of proof of vaccination include: CDC COVID-19 vaccination record card (or a legible photo of the card). However, if there is an objective basis upon which the employer may question the sincerity of the employees religious belief, the employer maybut is not required torequest documentation or other information from the employee to assist in the employers assessment of the employees sincerely held belief, practice or observance. |nbQNJ]*m="!Q&3b]zokS6GE{ 1 \_N,AI5'0X+?.Zl45jo8a)Wq*d3CtsQpGyUFL/A7ce5y9Uc- K$@ "#$>o[GI+%tPRii !L]F(r+}Q2kb"8SH,A=zW[jiz(t0iHgb]1k"-:I@;@>sh3x7M1U1n&b'uxCQ(` I?}{YK+g2Dr E;z5D!k:z5m3g-_d/] +X*AbuIL,^@EgEYX2j % Just because one employee is granted a religious accommodation does not mean that an employer must grant all similar requests. Sign up to get the latest information about your choice of CMS topics. Employers should develop a religious accommodation form that may be used for religious accommodation requests. DC Circuit to Disputes Ancillary to Patent Matters: You Cant Sit Consumer Fraud PFAS Cases Continue To Rise. The State Board of Health opted to let the emergency rule requiring all other health care workers to get vaccinated expire July 14, 2022. This makes policing religious exemptions to vaccination hard - and rightly so. Supporting documentation must include the following: If clear evidence to support the need for an extension or exemption exists, CMS will provide the extension or exemption for a determined period of time. The forms to file exemptions can be found on www.floridahealth. the CMS Omnibus COVID-19 Health Care Staff Vaccination Regulation takes priority and your facility is expected to abide by the requirements .