COVID-19 EXEMPTIONS

Covid-19 Exemptions can be based on a disability, medical condition, or religious/ethical beliefs

THE TRUTH

Covid-19 Exemptions are a very new realm of Exemptions that are different from the types of Exemptions that existed prior to the Covid-19 pandemic. For this reason, the rules, procedure, interpretation, and application involved in obtaining an Exemption from a Covid-19 mandate imposed by one's work or school is not a settled area of law. This means, a lot is still up to the discretion and interpretation of your individual employer or academic institution.

This is not necessarily a bad thing. In fact, it can often be a good thing if your employer or educational institution is one that "errs on the side of caution," so to speak, when it comes to believing their employees or students who assert legitimate basis for an exemption.

We have successfully obtained both medical and religious exemptions from Covid-19 vaccine mandates for clients with well drafted requests and supporting documents when the school or employer takes the information at face value as true.

THE CHALLENGE

The challenge comes when an employer or educational institution strictly applies ADA and ADAAA disability standards to requests for Covid-19 Exemptions, or if they feel entitled to question whether your stated religious or ethical belief is "sincere." (Some states recognize a category for exemptions based on "philosophical or ethical" beliefs in addition to religious beliefs. To check if you're in a state that recognizes Philosophical Exemptions, visit our Free Resources page.)

CONFLICTS AND INCONSISTENCIES WITH COVID-19 EXEMPTIONS

There is a conflict between allergies acknowledged by the CDC as counterindicated for Covid-19 vaccines, and legally protected "disabilities." To be a qualifying disability under the ADA and ADAAA, the "impairment" must both affect a "major life activity" and "substantially limit" that major life activity. Under traditional Accommodation and Exemption analysis, the first question is "does the employee or student have a qualifying disability?"

However, an allergy to say, potassium chloride, is not a qualifying disability under the ADA and ADAA--it's just an allergy. Yet, potassium chloride is a listed ingredient of both the Pfizer and Moderna mRNA vaccines for Covid-19, and it is acknowledged by the CDC that people allergic to potassium chloride should not take either of these vaccines.

Similarly, having recovered from a heart attack or heart condition, or undergoing heart surgery in the past, is not usually a "qualifying disability" under traditional analysis. Yet, those are top reasons why someone's doctor or cardiologist may advise against any of the 3 Covid-19 vaccines due to the increased risk of myocarditis.

And when it comes to religious or philosophical/ethical exemptions, it is not enough to assert a general disbelief in vaccines or mRNA technology. There needs to be a very specific belief asserted that is rooted in your religion or core ethical values, which pertains directly to Covid-19 vaccines.

KEY TAKEAWAY

Because there is so much medical and legal nuance, the key to getting a Covid-19 Exemption approved is a well-crafted request with the right supporting evidence. That's where we at

VisAble Individuals come in to help.

Frequently Asked Questions

Please reach us at support@visableindividuals.com if you cannot find an answer to your question.

How does the recent Supreme Court ruling on the Biden Administration's Covid-19 Mandates affect the Mandate in place at my work or school?

Unfortunately, the ruling does not make much of a difference to most people seeking Exemptions from Covid-19 mandates at their work or school. The case only involved large private employers (companies with over 100 employees), not schools. The ruling allowed the vaccine mandate to go into effect for healthcare workers, but stated that there was no federal authority to mandate the vaccines for all large employers.

If you worked for a company that did NOT want to impose any Covid-19 mandates, but was only doing so to comply with the Biden Administration's orders, the ruling means your employer should no longer be imposing/enforcing the mandate.

But if, like most people, your employer imposed a vaccine mandate voluntarily, the recent decision has no impact. Private employers are allowed to impose their own requirements on employment, but they are also required to abide by the ADA, the ADAAA, and many other nondiscrimination and employment laws to make sure that employees who are entitled to reasonable accommodations or exemptions, do in fact receive them.

Do I have to have a Disability to obtain a Covid-19 Exemption?

The answer that is most accurate, albeit frustrating, is that "it depends."

Most often, though, the answer is "No," your school and employer have the discretion to approve exemption requests that they believe are legitimate and sincere, and many circumstances can meet those conditions. There are also religious/ethical Exemptions available outside of those based on a medical condition or disability.

It is going to depend on your individual school or employer, and how well drafted and convincing your request is. This is why we strongly recommend using our customized drafting services, or at least one of our paid templates.

What if I want an Exemption or Accommodation from a mask mandate and not a vaccine mandate?

There are many medical conditions such as Asthma, COPD, and other respiratory conditions that are counter-indicated for long term mask use, for which one can obtain an Exemption or Accommodation.

That being said, the Exemption or Accommodation will often require remote learning or remote working, which is not possible or ideal for everyone. Other common Accommodations are: isolation from peers or coworkers by staggering shifts, changing work stations, or reassignment to other departments or locations.

Reach out to discuss your unique circumstances and how we can help.

What if I'm a Federal Employee? Is the Biden Administration's Vaccine Mandate for all Federal Employees still in effect?

As of time of writing, technically yes.

However, it has received two large blows recently from two different Federal Courts that have blocked the mandate for Federal Employees. Both are being appealed, and the Biden Administration has asked for a temporary injunction allowing the mandate to continue, pending appeal. We will keep these answers updated as the Courts continue to hash out the case law.

Even with the mandate on Federal Employees in effect, Federal Employers still must grant all legitimate medical and religious/ethical exemptions.

VISABLE EQUALITY IN EDUCATION & EMPLOYMENT

HELPING INDIVIDUALS LIVING WITH DISABILITIES SUCCEED & THRIVE

COVID-19 EXEMPTIONS

Covid-19 Exemptions can be based on a disability, medical condition, or religious/ethical beliefs

Frequently Asked Questions

VISABLE EQUALITY IN EDUCATION & EMPLOYMENT

HELPING INDIVIDUALS LIVING WITH DISABILITIES SUCCEED & THRIVE

COVID-19 EXEMPTIONS

Covid-19 Exemptions can be based on a disability, medical condition, or religious/ethical beliefs

Frequently Asked Questions

This website uses cookies.