EEOC Issues Federal Sector Appellate Decision Finding Unlawful Discrimination in Agency’s Denial of Religious Accommodation to COVID-19 Vaccine Mandate

WASHINGTON - The U.S. Department of the Interior Bureau of Indian Education violated Title VII of the Civil Rights Act of 1964, as amended, by unlawfully discriminating against three federal employees, according to an appellate decision issued today by the U.S. Equal Employment Opportunity Commission (EEOC) Office of the Federal Sector (OFS). The decision found that the agency summarily denied requests for religious accommodations to be exempt from the federal COVID-19 vaccine mandate issued by President Joe Biden in September 2021.

The appellate decision resolved appeals from three employees at the Sherman Indian High School in Riverside, California. Each employee had requested exemption from the Biden Administration's COVID-19 vaccine mandate for federal employees. Citing their sincerely held religious beliefs in the sanctity of human life, informed by their Christian faith, each employee expressed opposition to the use of human fetal cells obtained through abortion in the development of the COVID-19 vaccine. The agency denied the requests, claiming that allowing the employees to regularly test and mask in lieu of vaccination would be unsafe and expensive.

The EEOC's decision notes that the agency failed to present any evidence to support its contention that masking and regular testing would create an unsafe environment. Additionally, the agency's cost-based objection was found to be deficient once it conceded that the cost of purchasing vaccine testing supplies was underwritten by congressional funding through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

Consistent with EEOC's longstanding interpretation of what constitutes an undue hardship, and citing further clarification of that standard found in the Supreme Court's unanimous ruling in Groff v. Dejoy, the OFS decision concluded that the religious accommodations as requested by the appellees in this case would not have imposed a substantial burden on the agency's operations were they granted.

The decision additionally exposed significant issues with the agency's handling of employee requests for religious exemptions to the mandatory vaccination order. In one instance, the Commission noted in its decision that employees who objected to the vaccine, citing the use of aborted human fetal cells in its development, were, "summoned to an inquisitorial panel to be quizzed and lectured on their medical history and knowledge of other medicines derived from human fetal cells." The decision concluded, "[T]he crucible of invasive gotcha-style questioning was a thinly veiled and discriminatory attempt to expose supposed hypocrisy and convince Complainants to recant their objections."

"No one is above the law, especially the federal government entrusted to enforce it. Today's OFS decision is a step toward justice for federal employees who suffered under the pandemic-era policies of the Biden Administration," said EEOC Chair Andrea Lucas. "The government clearly fell short of its obligation under the law. Under my leadership, the EEOC is committed to pursuing accountability, ensuring compliance, and securing justice for all workers, in both the private and public sector."

As a result of this decision, the individual complainants will be compensated for the harm caused by the agency's discriminatory actions. And the agency, under EEOC supervision, will be required to develop and maintain a fair and non-adversarial process for employees to pursue religious accommodations in the workplace.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice's Civil Rights Division. The EEOC also is responsible for coordinating the federal government's employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov .