ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION DECEMBER 23, 2020
Page 7
What Employers Need to Know about the COVID-19 Vaccine…continued from page 6
The EEOC says,
"Managers and supervisors responsible for
communicating with employees about compliance
with the employer's vaccination requirement
should know how to recognize an accommodation
request from an employee with a disability and
know to whom the request should be referred for
consideration. Employers and employees should
engage in a flexible, interactive process to identify
workplace accommodation options that do not
constitute an undue hardship (significant difficulty or
expense). This process should include determining
whether it is necessary to obtain supporting
documentation about the employee's disability and
considering the possible options for accommodation
given the nature of the workforce and the employee's
position. The prevalence in the workplace of
employees who already have received a COVID-19
vaccination and the amount of contact with others,
whose vaccination status could be unknown, may
impact the undue hardship consideration.
Employers may rely on CDC recommendations when deciding whether an effective accommodation
that would not pose an undue hardship is available, but there may be situations where an
accommodation is not possible. When an employer makes this decision, the facts about particular
job duties and workplaces may be relevant.
Employers also should consult applicable Occupational Safety and Health Administration standards
and guidance. Employers can find OSHA COVID-specific resources at: www.osha.gov/SLTC/
covid-19/."
As you are working through these issues, remember that it is unlawful to disclose that an employee is receiving a
reasonable accommodation or to retaliate against an employee for requesting an accommodation.
What if an Employee Refuses to Get a COVID-19
Vaccination Due to a Religious Practice or Belief?
Once an employee notifies you about a "sincerely held"
religious belief, practice, or observance that prevents him or
her from receiving the vaccination, the employer must provide
a reasonable accommodation unless it would pose an "undue
hardship" under Title VII of the Civil Rights Act. Courts have
defined "undue hardship" under Title VII as having more than a
minimal cost or burden on the employer.
Suppose you are not entirely sure this religious belief is sincere.
Maybe this is the first you've heard of it. Or maybe you overheard
a water cooler conversation where the employee seemed to be
strategizing about how to get out of taking the vaccine, and only
later did he or she state that their religion prohibited it.
Continued on page 8
