Infinity Rehab, a rehabilitation and therapy provider with a presence in 18 states, became the focus of an Equal Employment Opportunity Commission (EEOC) investigation because of workplace vaccine mandates initiated during the Covid-19 pandemic.

The issue began when Infinity Rehab placed an occupational therapy assistant at a third-party facility that required all workers to be vaccinated against Covid-19.

The employee sought an exemption from the vaccine mandate based on sincerely held religious beliefs. While Infinity Rehab initially offered to accommodate this request, the facility's requirement for all staff to be vaccinated prevented any exemption, resulting in the employee's dismissal.

The EEOC determined that Infinity Rehab, functioning as the staffing agency, had engaged in religious discrimination under Title VII of the Civil Rights Act of 1964. Instead of pursuing litigation, the parties agreed to a settlement after a process of conciliation.

As part of this resolution, Infinity Rehab agreed to provide monetary relief to the affected employee, update its policies related to religious accommodations, and institute training for both employees and managers regarding religious accommodation requests in the workplace.

This settlement is a reminder to employers to engage in an interactive process when handling religious accommodation requests and to carefully assess each situation to avoid undue hardship while respecting sincerely held beliefs.

Source: https://www.eeoc.gov/newsroom/infinity-rehab-will-pay-resolve-covid-vaccine-mandate-related-eeoc-religious

Commentary

One of the criticisms of this healthcare employer by the EEOC was the employer's failure to engage in the interactive process.

A healthcare organization should begin the interactive process as soon as an employee or applicant communicates that they need a religious accommodation, whether that request is explicit or implied. Refer all requests for accommodation to those in your organization authorized to engage in the interactive process.

The interactive process is essentially a good-faith dialogue where both the employer and the individual share information about the religious belief, work requirements, and possible accommodations, focusing on creative solutions that enable the employee to perform their essential job functions without imposing substantial increased costs or a substantial burden on the business's operations.

Starting this process does not wait upon formal requests - any notice of a conflict between the employee's sincerely held religious beliefs and a workplace requirement should prompt engagement. For example, if a healthcare worker expresses concern about working on certain days because of a religious observance or about abiding by grooming policies, the organization should immediately open this dialogue.

The solution should be promptly implemented by managers and supervisors, and if circumstances change or issues arise, the organization should revisit the process to modify accommodations as needed. The interactive process is not a "one-and-done" process.

The ultimate goal is to find an arrangement that supports the employee's sincerely held beliefs, allows them to perform their essential job duties, and does not create substantial increased costs or a substantial burden on the business's operations.

Additional Sources: https://www.opm.gov/policy-data-oversight/latest-memos/reasonable-accommodations-for-religious-purposes/;https://www.dol.gov/agencies/oasam/civil-rights-center/internal/policies/religious-discrimination-accommodation; https://www.eeoc.gov/religious-discrimination; https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination; https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/internal/policies/religious_discrimination_and_accommodation