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For several weeks in a row, we have taken an active role in working with nurses and other medical practitioners who have been continually pressured to take the jab or be presumed to voluntarily resign from their jobs. In response to their concerns and questions, we have continued providing them with legal guidance and counsel on how to prepare claims for those who are opposed to the COVID-19 vaccine and, thus, looking for (1) the medical exemption, (2) the religious exemption, or (3) to object to the vaccine for justifiable personal reasons.

However, the information we provided you with in our video and blog on understanding the religious exemption was just a tip of the iceberg, especially when it comes to what the law actually says about religious accommodations. Under this content, this blog introduces you to yet another brand new series, in which we aim to provide you with a detailed and comprehensive discussion about the religious exemption and the criterion an individual is supposed to meet to qualify for one. Importantly, the discussion will also include key information regarding the obligations imposed on both the employer and employee when the latter requests an exemption for their religious beliefs. While this series will comprise of several parts, Part 1 covers the introduction and definition of religion as provided for under Title VII of the Civil Rights Act of 1964 (Title VII) and explained by the Equal Employment Opportunity Commission (EEOC).

Religion’s Broad Definition under Title VII

Under Title VII, it is illegal to discriminate an individual based on their religion. Further, employers are obligated to provide reasonable accommodations for a person’s religious beliefs and/or practices, unless such an accommodation imposes undue hardship on the business’s/employer’s conduct.

Accordingly, while it specifically obligates employers to accommodate the religious beliefs and/or practices of their employees, Title VII adopts a very broad definition of the term as follows:

Unless an employer demonstrates that they are unable to practice without undue hardship on the conduct of their business, or they are unable to reasonably accommodate to their employee’s religious observance, the term religion includes all aspects of religious practice, belief, and observance. Further, as per the EEOC, while the definition of the term “religion” covers traditional, organized religions that include, but not limited to Buddhism, Hinduism, Islam, Judaism, and Christianity, it also extends to and incorporates sincerely-held religious beliefs that are new, seem unreasonable or illogical to others, not common, or only subscribed to by a few followers only.

The Test for Whether a Set of Beliefs is a Religion or Not under Title VII.

In our video posted on September 10, 2021 and blog published on September 21, 2021, we talked about the Fallon Test that derives from the case Fallon v. Mercy Catholic Medical Center and which forms the basis upon which a set of beliefs is considered a religion or not. Accordingly, Title VII’s definition of “religion” meets with a person’s set of beliefs if they are meaningful, sincere, and the place they occupy in the individual’s life is the same as the one organized religions that belief in supreme beings fill.

According to Section 12 of the EEOC Compliance Manual, both theistic practices and beliefs and non-theistic ethical and moral beliefs encompasses religion under Title VII. In line with the Fallon Test mentioned above, most courts apply a three-factor test when determining whether or not a set of beliefs may classify as a religion or not under the Title VII paradigm. These factors include:

  • Belief in a deity – In verbatim text from the courts, religion addresses the fundamental ultimate questions of what to do with deep and imponderable matters. For instance, there’s a general view that you can’t question some things because, as a human, you can’t reach the level of God in such matters. NOTE: However, as reflected by the recognition that atheism is a religion by the court, Title VII DOES NOT require the belief in some form of deity to offer protection for an individual’s religion.
  • Belief system – based on this element, religion should be comprehensive in nature and must be a belief system as opposed to just an isolated teaching.
  • Presence of Formal & External Signs – a religion often can be recognized by the presence of certain formal and external signs.

Stay tuned for Part II of this series and, as always, strive to be #UnusuallyMotivated. In the interim, please reach out to us with questions and/or comments at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.