COVID-19 Vaccines And Religious Freedom

Workplace vaccination policies adopted as health and safety measures in response to COVID-19, typically contained exemptions for medical or other grounds protected by human rights legislation. The most common "other ground" was creed or religion. In two recent awards, arbitrators found certain exemption requests were based on practices and beliefs that were protected by creed and religion, but they only had to consider part of the analysis. The parties asked the arbitrators to only determine whether or not the exemption requests were protected, and asked them to retain jurisdiction in the event that the parties were not able to resolve the remaining issues themselves, including the issue of whether the requests could be accommodated without undue hardship. What follows is a summary of the legal principles in this area and the arbitration decisions' key points for employers.