Many years ago, we took our kids on a Segway tour of Boston. At the end of the operational instructions we were told–in a terrific accent–“Just don’t be wicked stupid.” That advice would have really helped Blue Cross of Michigan (BCBSM), who will have to pay $12.69 million to an employee over religious discrimination. It did not have to be that way.
Way back in the days of COVID vaccine mandates, a Catholic employee requested to be exempted because of “a sincere personal religious belief.” BCBSM rejected the request, placed the employee on unpaid leave and ultimately fired her. BCBS did not engage in meaningful interactive dialogue and attempt to find an accommodation. The employer instead determined the religious request did not meet the criteria for an exemption, doubting the validity of her need. As our clients know, questioning an employee’s religious beliefs is a sticky wicket. Heck, courts have ruled an accommodation request can still be religious in nature even if it is based partly on secular reasons.
TAKEAWAY: While mandatory COVID vaccines are behind us (fingers crossed), there has been a rise in religious requests for accommodation under Title VII. We do not expect that trend to stop just because the pandemic has waned. Don’t make blanket denials without exploring possible accommodations. And don’t make assumptions about the validity of an employee’s religion. Juries do not like it and might think it is wicked stupid.
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