By now, many employers have received requests for religious accommodations from COVID-19 policies—primarily vaccination policies. The Equal Employment Opportunity Commission’s (“EEOC”) guidance thus far, as reported through prior blogs, has remained largely consistent with pre-COVID-19 religious accommodation law. As we enter into the third year of the pandemic, the EEOC has again updated its principal guidance for employers: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.
While many of the latest updates are unsurprising, such as the continuous clarification that Title VII protects religious beliefs, practices, and observances, some of the changes provide valuable insight into how the EEOC will view requests for accommodations under Title VII.
While “purely” political, social, or economic beliefs are not protected under Title VII, the guidance now acknowledges that religious and political views may “overlap,” and this overlap does not operate to place the beliefs outside the purview of Title VII’s religious protections.
When discussing possible reasonable accommodations, the EEOC added language indicating that employers should consider the location in which an employee can perform his or her work, a nod to the likelihood that remote work can often be a reasonable accommodation.
Perhaps the most significant revision to the guidance concerns unpaid leave as an accommodation. Specifically, the EEOC explains, “an employer’s...
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