Announced November 5, 2021 and set to take effect January 4, 2022, OSHA’s newly announced COVID-19 Emergency Temporary Standards (ETS) are facing multiple legal challenges across the country. The same day the new ETS rules were announced, employers from supermarkets, restaurants, staffing agencies and others filed suit in Federal Court (Fifth Circuit) alleging OSHA has exceeded its authority and that the ETS rules are unconstitutional. One day later, the court issued an order staying the new rule.  

It is considered an unlawful employment practice for an employer to discriminate against an employee/applicant because of a conflict between the person’s religious belief or observance and any employment requirement unless providing the accommodation would result in an undue hardship.

Employers who receive religious based accommodation requests – including those made in response to vaccination mandates – must engage in a timely good faith interactive process and consider any available reasonable accommodation including:

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