A requested accommodation does not need to be granted if it would cause undue hardship on an employer in terms of significant difficulty or expense. This process considers an employee’s position, the business needs of the employer, and the business needs of a covered onsite contractor (if applicable). The reasonable accommodation assessment is a flexible interactive process with an exchange of information between an employee and their employer. What is the Process for Reviewing a Reasonable Accommodation Request?Īnyone who is eligible for a disability-related/medical or religious belief exemption may request a reasonable accommodation assessment. The legal requirements are found in Title VII of the Civil Rights Act of 1964 (Title VII), the Rehabilitation Act of 1973 (Rehabilitation Act), the Americans with Disabilities Act (ADA), the Washington Law Against Discrimination (WLAD), and other applicable law. Reasonable accommodations have been required by law since long before the current COVID-19 pandemic and resulting vaccine mandates. As a best practice, an employer introducing a COVID-19 vaccination policy and requiring documentation or other confirmation of vaccination should notify all employees that the employer will consider requests for reasonable accommodation based on disability or religious belief on an individualized basis.ĭisabilities and religious beliefs are two reasons accommodations would be considered and, if applicable, provided to an employee upon request and after an interactive process between an employee and an employer, often through a human resources representative. Managers and supervisors responsible for communicating with employees about compliance with the employer’s vaccination requirement should know how to recognize an accommodation request from an employee with a disability and know to whom to refer the request for full consideration. Telecommuting could also be considered a reasonable accommodation in some situations, depending on an employee’s duties and the policies of their employer.Īccording to EEOC guidance (section K.6): An employer may also consider supplying additional personal protective equipment (PPE), changing the location of a workspace, adding social distancing, or creating different shift assignments. Reasonable accommodations can be changes to a job position, work environment, policy, practice, or procedure. What is a Reasonable Accommodation?Ī reasonable accommodation is any change in the work environment or the way a job is performed that enables a person with a need for accommodation to enjoy equal employment opportunities. Cities with vaccine mandates include Bellingham and Shoreline. LocalĪ number of local governments have recently enacted their own vaccine mandates. Proclamation 21-14.2 (September 27, 2021) updated the state vaccination requirements to include on-site contractors who contract with designated state agencies. The governor has also encouraged local governments to implement similar vaccination requirements for their employees. This order also made additional changes, such as clarifications regarding vaccination of contractors. Proclamation 21-14.1 (August 20, 2021) clarified and expanded the vaccine requirements. Exemptions may be made for individuals with disability-related medical reasons or sincerely held religious belief reasons but there is not an opt-out option for employees to take regular COVID tests in lieu of vaccinations. This order also applies to long-term care workers and most state employees. StateĪt the state level, Proclamation 21-14 (August 9, 2021) requires healthcare workers, including some local government employees, to be fully vaccinated (two weeks past final vaccination) by October 18. The federal government recently issued vaccine mandates for most federal workers, healthcare workers, and federal contractors, as well as some private and public workplaces with 100 or more employees. OSHA is expected to release rules implementing the new federal requirement, and it remains to be seen whether local governments with 100 or more employees will be subject to a federal mandate. Here is an overview of the various vaccine mandates impacting many Washington workers.
This blog discusses the process for handling and accommodating employee requests for disability-related medical and religious exemptions from vaccine requirements.
These mandates include federal, state, and local requirements for certain employees to become fully vaccinated or risk termination from employment. Bellevue does not have a mandate, and we have made the correction below.Īs the COVID-19 public health emergency continues, vaccine mandates have been imposed in both public and private workplaces. Editor’s note: The original version of this blog incorrectly identified Bellevue as one of the cities with a vaccine mandate.