Could a Religious Objection to a Flu Shot Cost You Your Job?

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When your religious beliefs don’t match your boss’s it can sometimes create conflicts in the work place. But those conflicts don’t just arise between major faiths. Sometimes a seemingly small difference, like a religious objection to a flu shot, can result in religious discrimination, or even cost you your job. Find out what you can do when that happens.

In this blog I will review EEOC v Memorial Healthcare, Case No. 2:18-cv-10523, and the Title VII protections against religious discrimination. I will examine whether a religious objection to a flu shot could lead to an employment discrimination claim, and what reasonable religious accommodations may include.

Health Care Company Revokes Employment Offer Over Religious Objection to a Flu Shot

Yvonne Blair was all set to start working as a medical transcriptionist at Memorial Healthcare in Owosso, Michigan. The health care company had extended her an employment offer for a position that would eventually allow her to work from home, creating medical records for the facility.

But then the health care company learned that Yvonne had a religious objection to a flu shot or spray. It revoked its offer of employment, refusing to hire Yvonne even when she offered to wear a mask in the office instead. The company already had a policy in place authorizing the use of masks for employees who were medically unable to take a vaccine.

Yvonne filed a complaint for religious discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). After pre-litigation settlement through its conciliation process failed, the EEOC filed a lawsuit in the U.S. District Court for the Eastern District of Michigan (Case No. 2:18-cv-10523).

Title VII Protects Against Religious Discrimination, Big and Small

The EEOC was enforcing Title VII of the Civil Rights Act of 1964. The law protects employees against discrimination based on a number of traits, including religion. It makes it illegal for an employer to base employment decisions on a person’s affiliation with an organized religion or holding of a sincerely held religious, ethical, or moral belief. It applies to any aspect of employment – from hiring and firing, to job assignments, promotions, and training.

Religious discrimination protections work much in the same way as the American with Disabilities Act. A person with a religious objection to a policy or practice in the workplace can request reasonable accommodation for their beliefs or practices. The employer must make reasonable adjustments to the working environment to allow the employee to practice her religion as long as doing so will have a minimal burden on the company’s business operations. Common religious accommodations include:

  • Flexible scheduling to avoid working on a person’s holy day
  • Voluntarily swapping assignments to avoid contact with religiously offensive products (like beef or pork)
  • Exceptions to the company dress code for religious head coverings
  • Use of beard nets to cover religious facial hair in food preparation

In Yvonne Blair’s case, she had a religious objection to a flu shot policy at the health care facility. She requested a religious accommodation, exempting her from the mandatory influenza vaccination and offering instead to wear a mask whenever she was in the office. The fact that the facility already had a mask policy for those medically unable to take vaccines suggested this was a reasonable adjustment to normal office policy.

The EEOC’s complaint was recently filed in federal district court, so there is no court decision on the issue as of yet. However, the complaint lays out Blair’s religious objection, request for accommodation, and the revocation of an employment offer. Unless the health care company puts forward a strong defense, she will likely be able to be compensated for its illegal employment decision based on Blair’s religious belief.

Religious discrimination for sincerely held religious beliefs may not get as much press as racial discrimination or sexual harassment, but it can be just as devastating for its victims. When a religious objection to a flu shot or other office policy costs you your job, you need an experienced workplace discrimination attorney to help you work through possible accommodations, negotiate with your employer, and help you file a complaint with the EEOC or in federal court.

At Eisenberg & Baum, LLP, we have experienced employment discrimination attorneys who can help. If you face religious discrimination at work, contact Eisenberg & Baum, LLP, today explore your options and protect your religious freedom.

Employers: Are Your Supervisors Likely to Sexually Harass Your Employees? Science Helps You Find Out

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You can’t truly know person from his or her interview. As an employer, every hire runs the risk of turning your office into a hostile work environment and opening your company up to sexual harassment complaints. Scientists have created a survey that can help you estimate if your supervisors are likely to sexually harass your employees.

In this blog post I will discuss Psychologist John Pryor’s “Likelihood to Sexually Harass Scale”. I will talk about an employer’s responsibility to respond to sexual harassment allegations, and explain how working with an employment discrimination attorney early, and informally, can help the company.

Sexual Harassment Is Not a New Problem

The #MeToo movement on social media has brought issues of sexual assault and workplace harassment to a new level of national awareness. But unwanted sexual attention at work is not a new problem. A closer look at the complaints against media moguls, politicians, and corporate CEOs reveals that this behavior has been going on for decades. So have the efforts to stop it.

Title VII of the Civil Rights Act, first enacted in 1964, recognized the need to protect employees of all genders from unwanted sexual advances, quid pro quo offers for sexual favors, and physical or verbal abuse. The law held employers, supervisors, and managers responsible for sexual misconduct that happened on their watch. Since then, the EEOC and private sexual harassment lawyers have been working, one case at a time, to defend employees’ right to work without sexual harassment or gender discrimination.

“Likelihood to Sexually Harass Scale” Gives Employers a Tool to Protect Workers

The scientific community has been working on the issue of sexual harassment as well. For over 30 years, Psychologist John Pryor, a professor at Illinois State University, has been working to find a way to sniff out problem employees and supervisors before they create hostile workplaces. Pryor first created his “Likelihood to Sexually Harass Scale” in the 1980’s to see if male supervisors’ behavior changed if they felt they could get away with sexual harassment.

He created a survey that tested sexual coercion — the willingness of a person in power to offer a bribe or threaten punishment for sexual cooperation. The test asked men to put themselves in 10 power positions: hiring a new assistant, promoting coworkers, and disciplining subordinates. It asked about their willingness to connect those decisions with romantic or sexual decisions. Then it compared their responses to those of known harassers. Over time, Pryor and his team put together a pattern of thoughts and behaviors of participants most likely to sexually harass employees:

  • Lack of empathy
  • Belief in traditional gender roles
  • Tendency toward dominance or authoritarianism
  • Feeling impunity or the belief they will get away with it

Generally, the more powerful a person felt, the more likely he was to cross the line into sexual harassment. That makes managers and supervisors more likely to sexually harass their employees than their less powerful counterparts.

Employers’ Duty to Prevent and Address Sexual Harassment

No one can control what another person says or does. There is no way for employers to stop every instance of sexual harassment. However, if you don’t respond to concerns raised by your employees, it could expose you to legal consequences.

The best way to address sexual harassment is to prevent it from happening. Commercial or even consumer versions of Pryor’s study could be a place to start, helping to identify high-risk employees. Managers and supervisors, particularly those who score as highly likely to sexually harass, can be required to attend training that outlines the law and company policies against sexual harassment and gender discrimination. You can also minimize the chances of harassment by requiring a third party be present in moments of high power dynamics (like hiring, promotions, reviews, and terminations).

When prevention fails, employers must take reasonable steps to address the sexual harassment that occurs. Depending on the circumstances, this could include disciplining the offender, rearranging shifts or assignments to separate the parties, reinstating lost positions or paying lost wages, and implementing procedural changes to keep it from happening again. Whatever you do, it is important that you protect the victim from retaliation, or you could be facing a separate gender discrimination claim on that alone.

Resolving Sexual Harassment Complaints

Employers have a lot to consider in addressing a sexual harassment claim. You need to balance the cost of defending litigation or EEOC charges against a lawsuit’s ability to disrupt your business. Often, the best answer is to resolve the matter privately by negotiating with the employee’s employment discrimination attorney or the EEOC investigator.

Informal mediation, negotiation, and other alternatives to public court can protect your business and your employee’s interests. Often, your employee is just as interested in resolving the matter quickly and quietly as you are. If you find yourself facing a sexual harassment complaint that could escalate, it is often better for business if you set your pride aside and work with your employee’s attorneys, rather than simply promising to “see them in court.”

At Eisenberg & Baum, LLP, our experienced sexual harassment attorneys understand the balance between prevention and an employer’s reasonable response. We are often happy to work with our clients’ employers informally to resolve sexual harassment complaints without the unnecessary publicity that can come with a federal complaint. If you are an employee facing sexual harassment and want an attorney who will respect your priorities, as well as defend your interests, contact us today to schedule a free initial consultation and understand the options for your case.