Vaccine Exemptions for Employees

If an employer requires a COVID-19 vaccination for employment:

Kansas law (K.S.A. 44-663) allows employees to claim a medical or religious exemption to COVID-19 vaccination requirements.

K.S.A 44-663 says:

“If an employer implements a COVID-19 vaccine requirement, the employer shall exempt an employee from such requirement, without punitive action, if the employee submits a written waiver request to the employer stating that complying with such requirement would:

(1) Endanger the life or health of the employee or an individual who resides with the employee, as evidenced by an accompanying written statement signed by a physician or another person who performs acts pursuant to practice agreements, protocols or at the order, direction or delegation of a physician; or

(2) violate sincerely held religious beliefs of the employee, as evidenced by an accompanying written statement signed by the employee.

(b) An employer shall grant an exemption requested in accordance with this section based on sincerely held religious beliefs without inquiring into the sincerity of the request.”

If an employer requires other vaccines for employment:

The U.S. EEOC (Equal Employment Opportunity Commission) provides the right to religious exemptions for any employer vaccine requirements, not just the COVID-19 vaccine. Title VII of the Civil Rights Act of 1964 has created strong protections for workplace religious freedom. As part of the code, Title VII requires employers to provide reasonable accommodation for workers whose “sincerely held religious beliefs” conflict with workplace policy unless doing so would pose an undue hardship.

Furthermore, Title VII of the Civil Rights Act of 1964 says employees do not need to be devout in their religious beliefs. Nor do their religious beliefs need to be long-standing or part of a mainstream denomination. The employee doesn't have to identify with a specific religion or denomination, and if they do, they're not required to explain those views in detail or to even share the views of that religion or denomination's leaders.

Title VII makes it unlawful for an employer to fail or refuse to hire, or to discharge any individual, or to otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of that individual's religion; or 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 religion.

Importantly, this act says the term "religion" includes all aspects of religious observance and practice, as well as belief.

Title VII also says that an employer cannot refuse a religious exemption unless that employer demonstrates that they're unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

In practice, this means that employees have a right to claim a religious exemption from vaccination requirements. Employers argue they are entitled to consider the “sincerity” of the person’s religious belief and elicit information such as past vaccinations, past medication use, and church connections (often via forms sent to the employee). Despite providing this information to the employer, this should not necessarily limit the employee’s argument that their present religious beliefs preclude them from vaccinating. Also, employers can still decide if they can “accommodate” an employee who is not vaccinated (i.e., a nurse who claims a religious exemption from the flu shot may be required to wear a mask during flu season).

Ultimately, these issues involve a judgment call by the employee as the stakes are high for those wanting to remain employed in the face of a requirement to violate their religious beliefs.