An employer is not prevented from requiring all employees physically entering the workplace to be fully vaccinated against COVID-19. In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations for employees who, because of a disability or 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.
Medical exemptions
Some people may be at risk for an adverse reaction because of an allergy to one of the vaccine components or a medical condition. This is referred to as a medical exemption.
Religious exemptions
Some people may decline vaccination because of a sincerely held religious belief. This is referred to as a religious exemption.
Update on Legal Challenges to NY Healthcare Worker Vaccine Mandate Which Does Not Contain Religious Exemption
On December 13, 2021, the Supreme Court turned down two requests to block New York’s vaccine mandate for health care workers. The dispute centers on a regulation issued by New York’s state health department that requires all health care workers in the state to be vaccinated against COVID-19 unless they qualify for a medical exemption. The regulation does not contain a religious exemption.
Two groups of health care workers are challenging the mandate, arguing that it violates their constitutional right to freely exercise their religion. But over the public dissents of three conservative justices, the court denied the workers’ requests to put the mandate on hold while litigation continues.