The Accommodation Process Requires More Than Lip Service

Employers implementing mandatory COVID-19 vaccination programs are no doubt starting to feel the pressure resulting from an influx of religious and disability accommodation requests. In all the internal commotion (and resulting strain on human resources departments), employers must remember that failing to implement an adequate process for evaluating and responding to accommodation requests can have real legal consequences.

An action just filed in the U.S. District Court for the District of Massachusetts illustrates just this point. See, Together Employees et al. v. Mass General Brigham Inc., case number 1:21-cv-11686. Mass General, the hospital network employer in that case, implemented a mandatory vaccination program, announcing that employees who failed to receive the vaccination would be placed on unpaid leave and, ultimately, could be terminated. The hospital network, as the EEOC recommends, invited employees to apply for medical and/or religious exemptions.