Is your employer saying you are required to take a vaccine?

You have  RIGHTS. 

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Some employers may require specific vaccinations as a condition of employment. However, as a general rule, a mandatory vaccination policy must provide exemptions to comply with the federal Civil Rights Act of 1964 (“Title VII”) and the Michigan Elliot-Larsen Civil Rights Act.

In general terms, an employer must accommodate an employee’s sincerely held religious belief or practice if the following are true:

  1. the employee has a religious belief;

  2. the religious belief is sincerely held;

  3. the employee provides notice regarding the need for accommodation; and

  4. the employer can accommodate the belief without undue hardship.

 

Some exceptions to the general rules described above exist, and you should consult with an experienced employment law attorney to get specific advice based upon your unique circumstances. 

Vaccine Exemption Workshop Resources

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Register for an on-demand webinar which explains how to obtain an exemption from vaccination, including the COVID-19 vaccine.

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A Voice for Choice Advocacy
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A necessary exemption to a mandatory vaccination policy is a religious exemption. 

42 U.S.C. § 2000e-2(a)(1)

 

When an employee objects to a mandatory vaccination because of a sincerely held religious belief, the employer should provide a reasonable accommodation to the mandate, unless doing so would impose an undue hardship on the employer. 

 

An example of a reasonable accommodation is an employer transferring the employee to another position. An at-will employee may face disciplinary action and termination if the employee refuses to comply with the employer's mandatory vaccination policy or any reasonable accommodation granted pursuant to Title VII.

Although beyond the scope of this section, an employer may also need to reasonably accommodate an employee with a physical or mental disability who refuses a vaccination pursuant to the federal Americans with Disabilities Act (ADA) and the Michigan Persons with Disabilities Civil Rights Act.  That is unless the accommodation would impose an undue hardship on the employer.

 

For more about the ADA, refer to the Equal Employment Opportunity Commission (EEOC) technical assistance document

Download the Workplace Exemption Informational Guide (pdf)

This document is not intended to provide legal advice.

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