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
Mark Simonds
Mark Simonds
Answered
  • Consumer Law Lawyer
  • Haiku, HI
  • Licensed in Hawaii

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.

Mark Simonds
Mark Simonds
Answered
  • Consumer Law Lawyer
  • Haiku, HI
  • Licensed in Hawaii

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.

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