Waianae, HI asked in Civil Rights and Employment Discrimination for Hawaii

Q: I'm inquiring about my employers wanting further explanation of my religious exemption which was previously approved.

Now they sent me a list of questions asking me to explain why. Their also asking if "I've put my practice(religion) into any other areas in my life?"

Also if "I've taken other vaccines and or medications in the pass as an adult?" With six more intrusive questions. I feel as if this may be a violation of the "Title VII of the Civil Rights Act" of 1964- EEOC. Please if you could help me in any way it would be deeply appreciated.

Aloha&Mahalo

2 Lawyer Answers

A: Typically, when a religious exemption to a work-related medical requirement is requested, employers may make reasonable inquiries into your sincerely held religious belief, in order to determine whether it is, in fact, genuine. If it is determined to be so, then reasonable accommodations must be made by the employer. I advise people to seek the advice of an attorney well before you submit your request.

As you might be aware, the federal mandate is currently on hold due to a legal challenge in the U.S. Federal Court in the 5th Circuit. If you are a federal employee, the injunction does not apply. The legal landscape in this area is fluid and legal challenges are being made. Close attention should be paid to legal developments to make sure your employer is complying with the law in this area. I wish you well.

A: Typically, when a religious exemption to a work-related medical requirement is requested, employers may make reasonable inquiries into your sincerely held religious belief, in order to determine whether it is, in fact, genuine. If it is determined to be so, then reasonable accommodations must be made by the employer. I advise people to seek the advice of an attorney well before you submit your request.

As you might be aware, the federal mandate is currently on hold due to a legal challenge in the U.S. Federal Court (5th Circuit). (If you are a federal employee, this injunction does not apply but you can still request an exemption). The legal landscape in this area is fluid and legal challenges are being made. Close attention should be paid to legal developments to make sure your employer is complying with the law in this area. I wish you well.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.