UC Flu Vaccine Mandate Injunction Denied
Religious, Medical and Disabilty Exemptions available,
but they must be carefully written to be accepted

Having been in court on the vaccine issue both personally and fighting against SB277, it is not surprising to hear that judge in yesterday’s case against the University of California’s (UC) Flu Vaccine Mandate denied the preliminary injunction motion.  The CDC’s universal flu vaccine recommendation and UC’s the infectious disease expert briefs convinced the judge that the flu shot could be constitutionally required as a condition of being on campus.

The courtroom is not our friend when it comes to vaccines and personal choice, because judges mostly side with the greater good and public health over individual rights.  One of A Voice for Choice Advocacy’s long term goals is to change this, so that strict scrutiny is applied consistently when it comes to public health vs civil rights cases. 

The ruling yesterday means that all faculty, staff and students physically on campus are required to get the flu vaccine, unless they request and are approved for medical, religious or disability accommodations.  Medical exemptions rely on the strict CDC contraindications and so unless you have had a previous reaction to the flu vaccine are hard to get. 

A Voice for Choice Advocacy has successfully helped many get their religious accommodation requests approved.  If you need help with writing a religious exemption or would like us to review it before you submit it, we would be happy to.  Please send the written vaccine policy, including exemption options, a description of your religious beliefs and any other information about the accommodations you are requesting, to [email protected].

The below was sent to our email list a few weeks ago, but it is copied here it again for those looking to request a religious exemption:

Religious Exemptions

While organizations may just ask for a statement that vaccines are against your religious beliefs and you hold those beliefs sincerely, they have the right to ask for more a detailed explanation to determine that those statements are true.  For employees, the questions must be consistent with the guidance from the U.S. Equal Employment Opportunity Commission (EEOC) https://www.eeoc.gov/laws/guidance/questions-and-answers-religious-discrimination-workplace.  The following are examples of what may be asked to support a religious exemption:

• Explain how receiving the flu vaccine conflicts with or violates your sincerely held religious belief, observance or practice.
• Identify the sincerely held religious belief, observance or practice that prevents you from receiving the flu vaccine (this includes moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views (29 C.F.R.§1605.1), but it does not include “social, political, or economic philosophies” or personal preferences (U.S. Equal Emp’t Opportunity Comm’n, Questions and Answers: Religious Discrimination in the Workplace, Question 1 (Jan. 31, 2011); U.S. Equal Emp’t Opportunity Comm’n, Compliance Manual, Section 12: Religious Discrimination, at 12-I (Coverage) (July 22, 2008)

While the accommodation you are requesting is an exemption to vaccination for religious reasons, you may also be asked to request other accommodations, if not getting the flu shot would make you unable to meet the required/essential functions of your job and would impose an undue hardship, including compromising safety for your organization.

Religious Exemption Wording

The First Amendment of the US and California Constitutions, guarantees every American freedom of religion which is not restricted to organized religion.  The definition of your religion is your own and you cannot be judged for what it is.  Per the 1964 Civil Rights act:

“Title VII protects all aspects of religious observance and practice as well as belief and defines religion very broadly for purposes of determining what the law covers. For purposes of Title VII, religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others. An employee’s belief or practice can be “religious” under Title VII even if the employee is affiliated with a religious group that does not espouse or recognize that individual’s belief or practice, or if few – or no – other people adhere to it. Title VII’s protections also extend to those who are discriminated against or need accommodation because they profess no religious beliefs.

Religious beliefs include theistic beliefs (i.e. those that include a belief in God) as well as non-theistic “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.” Although courts generally resolve doubts about particular beliefs in favor of finding that they are religious, beliefs are not protected merely because they are strongly held. Rather, religion typically concerns “ultimate ideas” about “life, purpose, and death.” Social, political, or economic philosophies, as well as mere personal preferences, are not “religious” beliefs protected by Title VII.”

More details on what constitutes religion is outlined in these two articles:
EOCC: Questions and Answers - Religious Discrimination in the Workplace
National Law Review: Flu Shots, Religious Beliefs, and Employee Rights: Navigating the Complex Intersection.

If you are part of an organized religion, most religious texts have verses that relate to the sanctity of blood and bodily autonomy.  If you need ideas, Freedom of Religion - United Solutions has letters from various religious leaders on their website: https://forunitedsolutions.org/clergy-letters. A Voice for Choice Advocacy put together the image below which outlines the animal ingredients in vaccines and how they relate to various religions.

Some organizations, such as the University of California, have added a third question, which asks if you can provide further documentation to support your need for a religious accommodation.  Our recommendation is that you answer yes specifically that you can provide more documentation, but that you do not agree for them to discuss your religion with outside parties, if this is part of their statement.  If they then follow up with you, feel free to reach out to AVCFA for our thoughts on how to respond.

If you use this information and get your religious exemption approved, we would love to hear about your success.

If you found this information helpful and appreciate the work A Voice for Choice Advocacy is doing, please support us by making a donation today.

Together we can make change happen.

C

Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
[email protected]
www.AVoiceForChoiceAdvocacy.org