![]() Under Title VII, courts define “undue hardship” as having more than minimal cost or burden on the employer. In some circumstances, Title VII requires an employer to provide reasonable accommodations for employees who, because of a sincerely held religious belief, practice, or observance, do not get vaccinated against COVID-19, unless providing an accommodation would pose an undue hardship on the operation of the employer’s business. The federal equal employment opportunity laws do not prevent an employer from requiring all employees physically entering the workplace to be fully vaccinated against COVID-19, subject to the reasonable accommodation provisions of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”) and the Americans with Disabilities Act (“the ADA”) and other equal employment opportunity considerations discussed in this article. ![]() ![]() Let’s examine, in turn, each of these sources of authority. Your entitlement, if any, to a religious exemption from your employer’s requirement that all of its employees in New Jersey be vaccinated against COVID-19 is governed by two separate bodies of law: federal laws (that is, laws applying throughout the United States) and New Jersey laws. However, it is substantially more difficult under New Jersey law than under federal law for your employer to avoid reasonably accommodating your religious belief (against getting vaccinated against COVID-19) on the ground that providing you with a reasonable accommodation would impose an undue hardship on the conduct of the employer’s business. Your employer in New Jersey does not have to provide you with a reasonable accommodation if it would impose an undue hardship on the conduct of the employer’s business. In some circumstances, federal law requires an employer to provide reasonable accommodations for employees who, because of a sincerely held religious belief, practice, or observance, do not get vaccinated against COVID-19, unless providing an accommodation would pose an undue hardship on the conduct of the employer’s business.įurther, in New Jersey, all workers in preschool to Grade 12 schools, all workers in certain health care facilities and high-risk congregate settings, all workers at state agencies, authorities, and colleges and universities, and all child care workers must be fully vaccinated against COVID-19 or be subject to COVID-19 testing at minimum one to two times per week, subject to the employers’ duty to provide reasonable accommodation to employees who require them because of, among other independent reasons, a sincerely held religious belief, practice, or observance. If you are an employee in the State of New Jersey with a sincerely held religious belief, practice, or observance that conflicts with your employer’s requirement that all employees physically entering the workplace be fully vaccinated against COVID-19, you may, or may not, be entitled to a religious exemption from your employer’s COVID-19 vaccination requirement.
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