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ARTICLE · 27 MAY 2019

Employers Must Consider Accommodating Workers' Religious Objections To Flu Vaccination

Executive Summary: Recent actions by the Equal Employment Opportunity Commission (EEOC) emphasize employers' obligations under Title VII of the 1964 Civil Rights Act ...

United StatesEmployment and HR

Executive Summary: Recent actions by the Equal Employment Opportunity Commission (EEOC) emphasize employers’ obligations under Title VII of the 1964 Civil Rights Act to accommodate workers’ religious objections to receiving a flu vaccination. For example, a Middle Tennessee hospital has agreed to pay $75,000 and perform other non-monetary actions to settle an EEOC lawsuit claiming it violated Title VII by failing to accommodate a worker’s sincerely held religious beliefs against receiving an annual flu vaccination.

The hospital requires all hospital workers, including employees of third-party contractors, to receive an annual flu shot. One contractor’s employee notified the hospital he had a sincerely held religious objection to receiving vaccinations, such as a flu shot. Prior to 2015, the hospital permitted this worker to forego the annual vaccination requirement and instead allowed him to wear a protective medical mask while inside the hospital. In 2015, however,

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