Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Question

Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ” However, there is no such applicable law in California for airline workers as far as I know. In addition, although the Biden Administration pushed COVID-19 vaccine mandate to companies with at least 100 employees, the Supreme Court blocked the mandate. In this situation, my plan is after receiving a conditional job offer letter I’ll ask if the company can accommodate religious exemption from COVID vaccination. It’s a sensitive matter for both the airline and myself. I may lose the job offer by asking for religious exemption. I need to do this carefully. I also need a letter format for religious exemption. Where can I find it? Is there any set format for religious exemption? Best regards,

Neil Pedersen · Answer

There is simply too many questions in your post to be able to give a competent answer in this short answer forum. 
 
A few things can be said. 
 
First, any company can have a vaccination mandate if it wishes to maintain and enforce one. 
 
Second, the Supreme Court only said the Federal Government cannot enforce a mandate, and it did so on law that spoke about the power of OSHA to create such an order.  That same case made very clear that employers had the right to maintain such orders. 
 
Third, the religious exemption is not as simple as you apparently think.  You have to establish that you have a closely held religious belief regarding being vaccinated.  It is not enough that you feel strongly about it.  But what most people do not understand is that if a religious exemption is granted, that merely means that the employer must try to reasonably accommodate the religious restriction and still try to achieve the employer's goals.  If there is no way to address BOTH of those needs, the employer would have the right to keep you out of the workplace. 
 
Good luck to you.

James R. Dickinson · Answer

Speak with a local employment law attorney. [Neil Pedersen provided a rather lengthy and thoughtful response to your question.] [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Eva Zelson · Answer

When an employee requests a medical exemption or accommodation, it is commonplace for an employer to ask for verification of the specified medical condition, including documentation from a doctor. Similarly, in the case of a request for a religious exemption, the employer may ask for documentation or supporting evidence (such as a note from a faith leader) that there are sincerely-held religious beliefs that prevent the employee from complying with a company policy, in this case, the Covid vaccine. All this to say, claiming a religious exemption is not a no-questions-asked work around to avoid a required vaccination. However, as you say, you want to do this properly, so if you believe you can provide the documentation your employer may request of you about the religious exemption, contact an employment lawyer for advice about how to proceed.

Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.