Law Commons^™

Inoculating Title Vii: The “Undue Hardship” Standard And Employer-Mandated Vaccination Policies, Mary-Lauren Miller

Fordham Law Review

The widespread administration of a vaccine is essential to bringing an end to the COVID-19 pandemic. Employers can contribute to this goal by requiring employees to be vaccinated. The ability of employers to impose vaccine mandates is theoretically limited in part by Title VII of the Civil Rights Act of 1964, which requires employers to accommodate religious employees unless doing so would impose an “undue hardship” on the employer. Under the current interpretation of undue hardship, employers typically cannot face legal liability for denying accommodations to employees refusing to receive an employer-mandated vaccine on religious grounds, though some employers may …