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What do I do if my request for a religious exemption is denied?

November 22, 2021 by Megan Redshaw

If your vaccine religious exemption is denied, you must decide whether to accept or appeal their decision. The first step is to gather information on why your request was denied, preferably in writing. If it was denied due to a lack of information or there are specific grounds listed that you believe you could overcome with further information, alter your religious exemption and resubmit it. There is no federal law prohibiting you from turning in another religious exemption.

If you believe your employer did not have proper grounds to deny your religious exemption and you have a sincerely held religious belief, practice or observance that runs counter to receiving a COVID vaccine, or they will not allow you to appeal their decision, consider challenging it.

Before securing an employment law or civil rights attorney, look into meditation with your U.S. Equal Employment Opportunity Commission (EEOC). EEOC mediation costs nothing.

Mediation is a form of Alternative Dispute Resolution offered by the EEOC as an alternative to the traditional investigative and litigation processes. It’s an informal process in which a trained mediator assists the parties in reaching a resolution. The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.

If a resolution cannot be reached, the charge (complaint) is returned to an investigative unit and is processed just like any other charge. If the EEOC finds discrimination, they will issue a “Letter of Determination” to you and your employer that explains their finding. If a solution is not found, EEOC will decide whether to take your case to court.

An alternative to EEOC mediation is consulting with an attorney, who can send a letter to your employer and/or assess the facts and circumstances of your case to determine whether your rights have been violated and what legal course of action may be appropriate.

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