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The administration acknowledges that a small minority of Americans will use — and some may seek to exploit — religious exemptions. But it said it believes even marginal improvements in vaccination rates will save lives.

It is not clear how many federal employees have asked for a religious exemption, though union officials say there will be many requests. The Labor Department has said an accommodation can be denied if it causes an undue burden on the employer.

In the states, mask and vaccine requirements vary, but most offer exemptions for certain medical conditions or religious or philosophical objections. The use of such exemptions, particularly by parents on behalf of their schoolchildren, has been growing over the past decade.

The allowance was enshrined in the federal Civil Rights Act of 1964, which says employers must make reasonable accommodations for employees who object to work requirements because of “sincerely held” religious beliefs.

A religious belief does not have to be recognized by an organized religion, and it can be new, unusual or “seem illogical or unreasonable to others,” according to rules laid out by the Equal Employment Opportunity Commission. But it can’t be founded solely on political or social ideas.

That puts employers in the position of determining what is a legitimate religious belief and what is a dodge.

Nine reporters worked on that story.

* AP Illinois…

“People will be able to claim a religious exemption well after the effective date of this law…,” Senate President Don Harmon, a sponsor of the change, contended in debate. “The religious exemption exists in federal law and is unaffected by this.”

Constitutional scholars contradict that claim. None of the laws cited by Democratic Gov. J.B. Pritzker’s office — prohibiting employment discrimination under the Civil Rights Act, Americans with Disabilities Act, or those protecting age or genetic information — would likely recognize a religious objection to the COVID-19 vaccine, they say.

But if federal religious protections are that available, why the long nights and hours of debate at the end of the Legislature’s fall session to clarify that the Illinois right of conscience law doesn’t cover rejection of the coronavirus vaccine?

“It wouldn’t do much good to amend it if the same exemptions were available elsewhere,” said Douglas Laycock, a University of Virginia law professor whose writings on religious liberties have been compiled into five volumes. “They are not, unless the Supreme Court changes the law.”

I am not sure what it is, but so many reporters here have neglected to point out that the word “testing” is in the HCRCA’s definition of “health care,” and that some people who are refusing to comply with the vaccine mandate are also trying to use the law to get out of the alternative requirements for regular testing.

Another thing too often ignored in the coverage of this debate is that the HCRCA law goes well beyond religion to “conscience.” An atheist could try to claim a testing objection under state law.

*** UPDATE *** Freedom from weekly testing for a potentially fatal communicable disease? Please…

A Springfield School District 186 teacher who had been in defiance of a state mandate requiring teachers to provide proof of COVID-19 vaccinations or submit to weekly testing said she has informed the district that she is vaccinated. […]

Koen, 43, said her decision about not informing the district was “always about liberties and freedoms and medical autonomy.”

She admitted “disappointment” in not getting the issue into the court system and ultimately hoped some rendering might be made before she would have to go public about her status.

Koen was also disappointed with Illinois legislators in trying to pass the amendment to the Illinois Health Care Right of Conscience Act that would bar employees from citing their moral beliefs as a valid reason for refusing to comply with a workplace COVID-19 vaccine mandate. Koen has cited the act as a reason for defying the mandate.

posted by Rich Miller
Monday, Nov 8, 21 @ 10:21 am

Comments

“The administration acknowledges that a small minority of Americans will use — and some may seek to exploit — religious exemptions..”

People using religious exemptions need to be able to prove they go to the church that does not allow its people to be vaccinated.

Comment by Mama Monday, Nov 8, 21 @ 10:33 am
I’m willing to bet that most of the people using “religious exemptions” don’t even go to church.

Comment by Mama Monday, Nov 8, 21 @ 10:35 am
There’s definitely some 16th and 17th century folks that were anti-Protestantism having their “told you so” moments these days.

Comment by Candy Dogood Monday, Nov 8, 21 @ 10:36 am
No recognized, organized religion objects to vaccination for COVID.

Comment by Keyrock Monday, Nov 8, 21 @ 10:38 am
Rich, all I can say is that owning the libs is a religion to many. So not getting tested is par for that course. And I am not joking as I have friends say and truly believe, I’d rather die than be tested (all for that own the libs religion). But as you repeatedly say, it is odd.

Comment by Lurker Monday, Nov 8, 21 @ 10:40 am
One of these reports is wrong.

AP National:
exemptions were “enshrined” by the federal Civil Rights Act.

AP Illinois:
The federal Civil Rights Act doesn’t provide an exemption.

Comment by Nefarious Veneer Monday, Nov 8, 21 @ 10:41 am
“No recognized, organized religion objects to vaccination for COVID”

The Universal Life Church has not taken a position, yet. I believe it’s ministers have complete flexibility, as would their congregations.

Comment by Downstate Monday, Nov 8, 21 @ 10:42 am
You can claim a religion or faith without being a part of an official or organized one. You also don’t even have to be religious at all to claim your conscience prevents you from doing something. The loopholes have been left big enough to drive trucks through and traffic is picking up.

Comment by DownstateR Monday, Nov 8, 21 @ 10:48 am
How do we measure a person’s devotion and dedication to an idea, when that idea has the potential to invoke harm upon another? Clearly, there should be a history of prior acts and statements of commitment that provide evidence that the idea is not new in the incumbent, but has manifested itself previously.

If an employer is to consider a statement of “medical conditions or religious or philosophical objections” that justify granting exception, then proof must exist that such conditions are not random, but self-evident.

Clearly, Aaron Rodgers provides an explicit example why philosophical objections must be proven, and apolitical. He intentionally led (not misled) his supervisors to believe something he knew wasn’t true in order to violate policy. As to medical exemptions, Rodgers acknowledged taking hydroxychloroquine and ivermectin, clearly political, and divorced of medical (except to prove they are not preventatives, similar to Former President Trump’s experience).

Proof of a deeply held beliefs that constrain and regulate a person’s participation in the social life of a community must exist prior to the news cycle, lest they are be deemed insufficient.

Comment by H-W Monday, Nov 8, 21 @ 10:50 am
Let’s face it. This is simply a loophole that anyone can use if they so choose. End of story. And everything is wrong about it.

Comment by Shytown Monday, Nov 8, 21 @ 10:57 am
We are still lookin’ for the religion that encourages members to go out an infect family, friends, coworkers… chapter and verse of course

Comment by Annonin' Monday, Nov 8, 21 @ 10:58 am
@- Keyrock - Monday, Nov 8, 21 @ 10:38 am:

===No recognized, organized religion objects to vaccination for COVID.===

Church of Christ, Scientist. I was told they do not approve of any medicine or vaccines.

Comment by DuPage Monday, Nov 8, 21 @ 11:02 am
DuPage the Church of Christ Scientist has this posted on their website “For more than a century, our denomination has counseled respect for public health authorities and conscientious obedience to the laws of the land, including those requiring vaccination…….Church members are free to make their own choices on all life-decisions, in obedience to the law, including whether or not to vaccinate. These aren’t decisions imposed by their church.”

Comment by illinifan Monday, Nov 8, 21 @ 11:09 am
=== I was told they do not approve===

Please use the Google before making statements like this. None of us care what some person told you.

Comment by Rich Miller Monday, Nov 8, 21 @ 11:10 am
We are getting close to that point where, although an elected official could not say this so bluntly, but once the majority of 5 - 11 year olds are vaccinated and adults are knowledgeable about the new treatments for people who catch COVID, “if you die from this, you die. You made the call.” Then let the rest of us get back to normal.

Comment by levivotedforjudy Monday, Nov 8, 21 @ 11:41 am
It is true that the HCRCA goes beyond religion to matters of “conscience.” That is true of any religious exemptions, including those under Title VII of the Civil Rights Act. Anytime the government is involved with making religious decisions, you’re going to see the concept of “religion” get watered down.

The difference between Title VII and the HCRCA is that Title VII works on a reasonable-accommodation basis; if no reasonable accommodation is available, then the employer may enforce the vaccine/testing mandate. The HCRCA is less nuanced. It is a blanket prohibition. This is a function of the statute being stretched beyond its intended scope.

Comment by duck duck goose Monday, Nov 8, 21 @ 11:56 am
Last I checked, the HCRCA was a convenient ‘out’ for pharmacists to refuse Plan B scripts for patients.

I find it interesting that people of conscience picked THIS vaccine as their stand.

Comment by Jocko Monday, Nov 8, 21 @ 12:13 pm
RE: Update 1:

It would seem Koen was attempting a strategy similar to Aaron Rodgers, but different: mislead people into assuming she was not vaccinated though she was. How is this not a political position? At what point do we say employees cannot lie to employers? Can we lie about out Felony Conviction status, our previous employment statuses, our military service history? These are not moral decisions. Koen (and Aaron Rodgers) are evoking the right to lie to employers, by virtue of political positions.

Comment by H-W Monday, Nov 8, 21 @ 12:14 pm
=== Koen has cited the act as a reason for defying the mandate ===

She was vaccinated.

She was not religiously opposed to being vaccinated. She was vaccinated.

Objecting to the mandate “on religious grounds”, or “on scientific grounds” or “on legal grounds” is no longer tethered to any actual underlying religious, scientific or legal objection.

It’s performative, it’s vestigial, it’s merely a social signal of what political tribe you belong to, like carving a jack-o-lantern out of a pumpkin and not a turnip, to welcome trick-or-treaters and not scare away Stingy Jack and other evil spirits.

Comment by Thomas Paine Monday, Nov 8, 21 @ 12:24 pm
Koen made her vaccination status a publicity stunt all the while claiming she didn’t want to publicly reveal her vaccination status.
Dumb.

Comment by Nefarious Veneer Monday, Nov 8, 21 @ 12:38 pm
=Koen made her vaccination status a publicity stunt all the while claiming she didn’t want to publicly reveal her vaccination status.=

Perhaps the only thing dumber than adhering to pseudo-science is pretending that you do.

Comment by Pundent Monday, Nov 8, 21 @ 12:47 pm
Am I the only person wondering if Koen bought her vaccination card on the Internet?

Comment by JoanP Monday, Nov 8, 21 @ 1:08 pm
=Koen, 43, said her decision about not informing the district was “always about liberties and freedoms and medical autonomy.”=

None of which exist to refuse to inform your employer of something that is a requirement for employment.

You do not have to get vaccinated. If you do not, you must be tested.

Changes to HCRA will eliminate the COVID tests from the HCRA.

There is no valid exception from testing. Period.

Comment by JS Mill Monday, Nov 8, 21 @ 1:09 pm
Did Tom DeVore’s bill finally come in the mail.

Comment by Unionman Monday, Nov 8, 21 @ 1:15 pm
Speaking of Tom DeVore, I wonder how all those contributors to his $725,000 campaign, er, legal funds, are feeling right now.

Comment by H-W Monday, Nov 8, 21 @ 3:39 pm
I am a three times vaccinated state employee and my Health Care Right of Conscience says that my health will be enhanced by firing those who refuse to be vaccinated and to strip them of their pensions.

Comment by NonAFSCMEStateEmployeeFromChatham Monday, Nov 8, 21 @ 5:24 pm
This teacher is a real profile in courage. I guess when your job is at stake you re-evaluate what your priorities really are. I still wouldn’t want my kid in one of her classes.

Comment by Demoralized Monday, Nov 8, 21 @ 5:51 pm