Exemption from vaccines. What to do if denied.

Posted byCuroviePosted inTake action: for you, Your rights - MN & federal law

The information below is an excerpt from eeoc.gov.

OSHA cannot make law” click here to watch. As of 11/17/2021 OSHA has halted its requirement and enforcement of these unlawful measures. Click here to read OSHA’s statement.

Step-by-step legal analysis of the 5th Circuit Appeals Court ruling saying that OSHA’s policies and enforcement are unlawful and fatally flawed and will not pass constitutional review click here.

The Equal Employment Opportunity Commission (EEOC) federal agency was created to make sure that you are not discriminated against related to title 7 of the Civil Rights Act in regards to religious beliefs.

You can learn about this topic in depth in the Employee Rights class.

A few tips from The Healthy American on how to best approach a religious exemption:

  • Ask HR: “how do I request a religious exemption?”
  • Ask HR: “under what grounds would this religious exemption not be granted?” – if they don’t reply, ask them “what are those standards that are being used to asses?”
  • Don’t submit an attestation of faith from a religious leader unless they request one.
  • Don’t make any mention of science or medicine, because it is not related to religious beliefs.
  • You don’t have to belong to a recognized religion. IF you have moral ethically held sincere beliefs, they must exempt you based on that as well. You only need to sincerely state your beliefs, and your employer or school is required to believe you. They can make a REASONABLE request for information. They could say “how is it against your religion?” But they cannot require you to attend a church or mosque.
  • You may see any kind of medical intervention as a harm to your body, and your sincerely held belief may make that impossible to allow.
  • In your letter, do not ASK for a religious exemption, rather, NOTIFY the employer that you have a legal, federal, exemption. “I am notifying you that I am exempt from x, because these actions violate my sincerely held religious beliefs. It unethical and immoral for me to be coerced into participating in a medical intervention against my will, or, I cannot violate my God-given conscience by participating in an activity that is design to alter my God-given immune system. I am seeking an accommodation. You are required by law to accommodate me. Title 7 requires you to accommodate me.”
  • For some, they will say you have to be tested every day days, and wear an N-95.
  • An accommodation is a compromise, neither the employer or employee may get everything they wanted. It is unreasonable to put you on leave without pay.
  • The CDC says that an employer can offer ‘symptom screening’ for those that don’t have symptoms.
  • Romans says we are not to participate in anything that is not based on faith. the deception of someone saying they are sick, when they are not, is not based on faith.
  • Your employer can ‘let you go’ without a reason (at will employment) EXCEPT if the reason is discrimination.
  • If they put you on unpaid leave, notify your employer that they are violating Title 7. Your employer would be engaging in “religious harassment” which is a term the EEOC uses. Notify your employer that they are in violation of federal law title 7 of the US Civil Rights Act, or if you are in college, it would be Title 4. You now have a lawsuit to file with an attorney.

Religious discrimination is against the law

“Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.

Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion.

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”

Religious discrimination & harassment

“It is illegal to harass a person because of his or her religion.

Harassment can include, for example, offensive remarks about a person’s religious beliefs or practices. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.”

Religious discrimination and segregation

“Title VII also prohibits workplace or job segregation based on religion (including religious garb and grooming practices), such as assigning an employee to a non-customer contact position because of actual or feared customer preference.”

Religious Discrimination & Reasonable Accommodation

“The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer’s business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion.

Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.”

The employer must PROVE that what you require to follow your religious belief is more than a minimal burden.

Your employer may argue that it is an undue hardship, such as the examples below, but they must prove it. They must bring a court order proving that you pose a threat. Don’t fall for generalizations or stereotypes.

Religious Discrimination & Reasonable Accommodation & Undue Hardship

“An employer does not have to accommodate an employee’s religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.”

Questioning Religious Beliefs is Unlawful 

“An employer CAN question the employee’s belief to find out if they are SINCERE, meaning they’re not merely using religion as a basis for their request just to avoid the COVID shots. The employer can ask WHAT they believe, WHY they believe it, HOW it affects their life decisions and their decision regarding the COVID shots. An employer CANNOT question the validity or correctness of religious beliefs. The employer CANNOT ask why the employee is interpreting a Scripture in a particular way, or why the employee objects to the COVID shot when others in their church or religious order either have no position or even support the shots.” – find more information at Liberty Counsel.

They prepared a free legal memo for you to use in case you experience pressure to have a third party confirm your beliefs.

What About Tylenol and Other Drugs?

Some clever guy manufactured a fraudulent retort to religious objections to abortion-derived vaccines. Now an increasing number of employers are jumping on the bandwagon and asking employees to swear off Tylenol, Tums, Pepto Bismol and several other drugs.

This argument is largely fraudulent because Tylenol, Tums, Pepto Bismol, and many of the other drugs on their so-called “lists” were developed DECADES before abortion became legal in 1973. Accordingly, they could NOT possibly have been researched, tested or developed using fetal cell lines that originated in the murder of the unborn.

The reason these pre-abortion drugs are included on these lists is because at some point after abortion became legal, DECADES after these drugs were invented and approved by the FDA, some “scientists” decided to run additional tests with these drugs using cell lines obtained from aborted babies.

This is COMPLETELY DIFFERENT from the COVID shots, which were researched, tested or developed FROM THEIR VERY ORIGIN using fetal cell lines obtained from aborted babies. Without aborted fetal cell lines, we would have NO COVID shots, but we would STILL have Tylenol, Tums and Pepto Bismol.

Consider this: A car that is researched, developed and produced ethically does not become immoral because some people decide to drive drunk and kill others. A car that was tested before production by seeing what impact it would have when crashing into real humans would be evil, and none of us would touch it.

Are there SOME other drugs and vaccines that were researched, tested or developed in their ORIGIN using fetal cell lines from aborted babies? Sure. Do they have alternatives? Most likely YES. Are you being FORCED and MANDATED to take these other drugs and vaccines in the same way you are with the COVID shots? NO.

Find the full legal analysis.

If your exemption is denied, or you are put on unpaid leave

This info was copied from Liberty Counsel’s website. Please visit that website for the most up-to-date information.

“If your request for religious exemption at your WORK has been DENIED, or APPROVED WITH UNPAID LEAVE, you will need to file a Complaint with the Equal Employment Opportunity Commission (EEOC). Go the EEOC website at https://EEOC.gov and scroll to the bottom of the page where you will find additional links and information about submitting a complaint. The Complaint form will need to include a description of your religious accommodation request regarding your sincerely held religious beliefs to not take these COVID shots along with the employer’s response and the termination date. Please note that you generally have 180 DAYS to file a complaint against a private employer.

  1. Federal Employees:  Please note that Federal employees have different requirements and shorter deadlines (see https://www.eeoc.gov/federal-sector/overview-federal-sector-eeo-complaint-process (“Generally, you must contact the EEO Counselor within 45 DAYS from the day the discrimination occurred.”).
  2. State and Local Agencies:  States also have agencies that receive complaints, and you may be able to dual file to have both federal and state rights considered, which we strongly recommend. See, https://www.eeoc.gov/filing-charge-discrimination (scroll to heading “With a State or Local Agency). 

If filing with a state or local agency, please make sure that your complaint has been dually filed with the EEOC.  If it has not, you may need to file with both agencies.  Please note that filing with one agency may not extend the deadline for filing with another agency.

NOTE:
Filing the EEOC Complaint is required before you can file suit alleging a violation of federal law. This administrative process is the next step you should complete. The EEOC may (1) choose to attempt resolution of your Complaint with your employer, (2) file suit against your employer, or (3) issue you a “right to sue” letter that clears the way for you to file suit. If you receive a “right to sue” letter, you can contact us to review the matter or seek private counsel. Until we review the facts of each case, we are not able to determine ahead of time whether we would be able to represent you.

File a Civil Rights Complaint with the Department of Justice.”

More Resources

Listed below are resources and sample templates for resisting vaccine mandates. Use the information that best suits your situation. Information obtained from the Vaccine Safety Council of Minnesota. If you are not successful, see the legal resources below.

Aborted fetal tissue in vaccines: find information on COVID-19 vaccines tested or produced with cell lines from aborted babies, from the Children of God for Life and the Personhood Alliance.

Children’s Health Defense – Preventing vaccine mandates toolkit

America’s Frontline Doctors – legal opportunities, toolkit

ICAN’s Response to the DOJ’s incorrect opinion that an “Emergency Use” vaccine can be mandated

Citizens Council for Health Freedom – Right to refuse vaccination

Liberty Counsel – Religious exemption requests

The Healthy American – How to get a religious exemption for employer or college

Association of American Physicians and Surgeons (AAPS) – Statement of Support of the Right of All, Including Medical Workers, to Decline Medical Intervention

Attorney Ali Shultz, JD says hold the line – Employer, school mandated vax not legal

Millions Against Medical Mandates – Employee rights form

* This list is not all-inclusive, and is subject to change. VSCM is not responsible for any errors herein. We can provide you with resources, but we encourage you to do your own research, be a critical thinker, and stand your ground.

If your employer forces you to vaccinate in order to continue employment, seek help from the one of these organizations:

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