Is your vaccine status conditional to your employment?
There may be options.
Some employers may require specific vaccinations as a condition of employment.
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 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:
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the employee has a religious belief;
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the religious belief is sincerely held;
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the employee provides notice regarding the need for accommodation; and
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the employer can accommodate the belief without undue hardship.
Some exceptions may exist, therefore, you should consult with an experienced employment law attorney to get specific advice based upon your unique circumstances.
Vaccine choice is personal.
Vaccine choice is not antivax. Some people choose to fully vaccinate, others delay or selectively vaccinate, many no longer vaccinate after injury, and some simply never have.
Full Vaccination
While most people follow the CDC's vaccine schedule, many realize the importance of vaccine choice for school, work, travel and more.
Delayed Vaccination
Infants and children can receive up to 8 shots in a single "well child" visit. Some parents choose to separate or delay those shots across a few visits rather than all at once.
Selective Vaccination
Ever skip the flu shot?
If so, you already practiced vaccine choice. Whether you didn't want it, didn't have the time, or figured you would get it later—it was a choice.
Declining All Vaccination
The majority of people who opt-out of vaccines entirely do so after they experience or witness a vaccine injury. They are not "antivax."
Is a Workplace Vaccination Exemption a reasonable accommodation?
42 U.S. Code § 2000e-2
Unlawful employment practices
It shall be an unlawful employment practice for an employer—
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
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 information, see the Equal Employment Opportunity Commission (EEOC) technical assistance document.
NEWS SPOTLIGHT
When a BCBS employee's faith-based exemption was denied
The following is an excerpt from
https://www.michigannewssource.com/2024/11/12-69-million-awarded-in-vaccine-mandate-showdown-fired-worker-prevails-in-blue-cross-case/
"A Michigan jury has awarded $12.69 million to Lisa Domski, a former employee of Blue Cross Blue Shield of Michigan, who was fired for refusing to comply with the company’s COVID-19 vaccine mandate due to religious beliefs.
The federal jury in the U.S. District Court in Detroit found that Blue Cross violated federal and state laws by denying Domski’s request for a religious exemption, marking an important case in ongoing vaccine mandate disputes across the country. This case is the first of its kind to go to trial in Michigan."
Employee Resources
Marko Law is a Michigan firm dedicated to standing up for employees facing unlawful vaccine mandate discrimination.
Siri & Glimstad is a leading national law firm assisting individuals with workplace vaccine exemptions. They also offer a preliminary 30-minute consultation for $150.
https://www.sirillp.com/vaccine-exemption-attorneys/employee-exemptions
Advice from Siri & Glimstad
Each religious exemption request must be individualized. Using templates or form letters can often result in a vaccine exemption denial. Some schools use AI to identify exemption requests that contain copied language and use this as a basis to argue the exemption is not sincere.