Understanding Your Rights: OSHA’s COVID-19 ETS and Religious Exemptions in 2022

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Introduction
The COVID-19 measures, including OSHA’s Emergency Temporary Standard (ETS), were supposedly designed to protect public health. However, many argue the government used this as an excuse to infringe on the rights of private citizens, despite there being no true pandemic. As someone whose sincerely held religious beliefs conflicted with these policies, I faced significant challenges at the University of Miami (U.M.). This blog explores the protections under OSHA’s ETS and Title VII of the Civil Rights Act of 1964, shares my personal experience of workplace religious discrimination, and highlights the importance of knowing your rights in the face of overreaching and illegal policies.

OSHA’s ETS and Religious Exemptions
OSHA’s COVID-19 ETS, detailed in 29 CFR 1910.501, acknowledges that employees may be entitled to reasonable accommodations if their sincerely held religious beliefs conflict with workplace COVID-19 policies, such as vaccination, testing, or wearing face coverings. The ETS states:
“Employees also may be legally entitled to a reasonable accommodation if they cannot be vaccinated and/or wear a face covering (as otherwise required by this policy) because of a disability, or if the provisions in this policy for vaccination, and/or testing for COVID-19, and/or wearing a face covering conflict with a sincerely held religious belief, practice, or observance.” (OSHA, 29 CFR 1910.501)
This provision aligns with Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on religion and requires employers to accommodate religious beliefs unless it causes undue hardship (U.S. Equal Employment Opportunity Commission, Title VII).

Your Rights Under Title VII
Under Title VII, if your religious beliefs prevent compliance with COVID-19 workplace policies, you are not obligated to accept accommodations that violate your beliefs. You have the right to notify your employer of the conflict and request a reasonable accommodation. Crucially, employers must engage in an interactive process to identify accommodations that respect your beliefs while maintaining workplace safety. The EEOC emphasizes that this process involves “a dialogue between the employer and the employee to determine an appropriate accommodation” (EEOC, Questions and Answers: Religious Discrimination in the Workplace). Imposing accommodations without this process, or requiring employees to accept them without question, violates Title VII. As the EEOC notes, accommodations must not conflict with the employee’s sincerely held religious beliefs, and employers cannot unilaterally dictate terms that disregard those beliefs (EEOC, Compliance Manual on Religious Discrimination, Section 12-IV). Failure to engage in this process, as I experienced, constitutes religious discrimination, especially when illegal policies are enforced under the guise of public health.

My Experience with Religious Discrimination
As an employee at the University of Miami, I faced severe repercussions for asserting my religious exemption from U.M.’s COVID-19 policies. My sincerely held beliefs, rooted in Torah teachings, prohibited participation in vaccinations, weekly PCR testing, and mask-wearing. U.M.’s illegal policies required employees with religious exemptions to accept their predetermined accommodations—weekly PCR testing and masks—without an interactive process and without question. Despite notifying U.M. of the conflict and explaining how these accommodations also violated my beliefs, I encountered:

• Initial Leave Without Pay: U.M. placed me on leave without pay for non-compliance, even after I filed a charge of religious discrimination. After pushback, the five days of leave were reversed to paid leave.
• Subsequent Termination: U.M. later reinstated leave without pay and fired me, refusing to engage in an interactive process or offer accommodations beyond PCR testing, which I opposed on religious grounds.

U.M.’s refusal to engage in the interactive process mandated by Title VII, and their insistence that I accept their accommodations without question, violated my rights. The EEOC’s guidance is clear: employers must work with employees to find mutually agreeable accommodations, not impose solutions that conflict with religious beliefs (EEOC, Compliance Manual on Religious Discrimination, Section 12-IV). U.M.’s actions were illegal and discriminatory, enforced under the pretext of a pandemic.

My Religious Exemption Letter
On December 6, 2021, I sent a religious exemption letter to U.M.’s Human Resources Department, articulating the conflict between their illegal policies and my beliefs. Key points included:

• Biblical Foundations: I cited Exodus 23:25 and 15:26, emphasizing trust in God as my healer and viewing vaccines as a lack of faith (Bible Gateway, Exodus).
• Opposition to Testing: I deemed PCR testing deceptive and coercive, violating Torah principles against deception and the introduction of foreign substances into the body (Deuteronomy 6:16, Bible Gateway, Deuteronomy).
• Legal Protections: I invoked Title VII, asserting that federal law protects employees from choosing between their religion and their job (EEOC, Religious Discrimination).

This letter, grounded in faith and law, challenged U.M.’s illegal policies, which unjustly imposed accommodations without dialogue or consideration of my beliefs.

Lessons Learned and Steps to Take
My experience underscores the need to understand your rights amid illegal policies that prioritize control over public health and disregard Title VII protections. If you’re facing similar challenges, consider:

• Notify Your Employer: Clearly communicate the conflict in writing, as I did with U.M.
• Request Accommodation: Ask for a reasonable accommodation and insist on an interactive process, as required by Title VII (EEOC, Compliance Manual on Religious Discrimination).
• Document Everything: Keep records of all communications, including exemption requests and employer responses.
• Know the Law: Review OSHA’s ETS (OSHA Website) and Title VII guidelines (EEOC Website).
• Seek Support: Consult an attorney or file a charge with the EEOC (EEOC Filing a Charge). Connecting with others can provide insights.

Conclusion
OSHA’s COVID-19 ETS and Title VII offer robust protections for employees with religious beliefs, but these rights are critical in an era where public health claims justify illegal policies that harm individual freedoms. U.M.’s policy of forcing employees to accept accommodations like PCR testing and masks without an interactive process violated Title VII, as the EEOC mandates employer-employee dialogue to find suitable accommodations (EEOC, Questions and Answers: Religious Discrimination). My experience shows the challenges of asserting these rights against non-compliant employers. By knowing your rights, documenting requests, and standing firm, you can resist overreach. If you’re facing workplace religious discrimination, you’re not alone—take action to protect your rights.

Call to Action
Have you faced discrimination over COVID-19 policies? Share your story or seek advice in the comments. Let’s raise awareness and support each other against unjust measures.

Sources

• Occupational Safety and Health Administration (OSHA). (2021). 29 CFR 1910.501: COVID-19.
• U.S. Equal Employment Opportunity Commission (EEOC). Title VII of the Civil Rights Act of 1964.
• EEOC. Religious Discrimination.
• EEOC. Section 12: Religious Discrimination, Compliance Manual.
• EEOC. Questions and Answers: Religious Discrimination in the Workplace.
• EEOC. Filing a Charge of Discrimination.
• Bible Gateway. Exodus 23:25, 15:26.
• Bible Gateway. Deuteronomy 6:16.