If you’re an attorney or part of a law firm hesitant to take on cases involving religious exemptions from workplace policies, it’s time to reconsider. A recent case highlighted by HR Dive ("7th Circuit: Religious objections to COVID vaccine entitled employee to accommodation") demonstrates unequivocally that these cases have merit—and they’re winnable. This ruling out of the 7th Circuit is a wake-up call for legal professionals who’ve been shying away from such disputes, often dismissing them as unwinnable or too niche. The truth is, they’re neither. https://www.hrdive.com/news/7th-circuit-religious-objections-covid-vaccine-aspirus/723259/
The Misunderstanding Attorneys Can’t Afford to Keep Making
Here’s the crux of the issue: too many attorneys misunderstand the interplay between religious exemptions and reasonable accommodations under Title VII of the Civil Rights Act. The exemption itself must be rooted in a sincerely held religious belief—that’s the employee’s burden to establish. But the accommodation? That’s a different beast entirely. It doesn’t have to be religious in nature; it just has to work. The accommodation stage is a negotiation, a practical dialogue between employer and employee to find a solution that allows the employee to maintain their religious beliefs, practices, or observances without undue burden on the business.
This distinction is critical, and it’s where the 7th Circuit case shines a spotlight. The employee in this case objected to a COVID-19 vaccine requirement on religious grounds, and the court ruled that the employer, Aspirus, failed to provide a reasonable accommodation. What’s noteworthy is that the accommodation didn’t need to align with the employee’s faith—it simply needed to resolve the conflict in a way that didn’t force them to abandon their beliefs.
Why Attorneys Are Dropping the Ball
So why are so many law firms reluctant to take these cases? Part of it seems to be a lack of clarity about the law itself. Attorneys may assume that if the exemption is religious, the accommodation must be too—or that the employer’s “business needs” will always trump the employee’s rights. That’s a misreading of Title VII, and this case proves it. The accommodation phase isn’t about validating the theology behind the exemption; it’s about problem-solving. An employee can argue against testing and masking based on practical reasoning, not scripture, and still win.
Unfortunately, there’s another factor at play: the influence of corporate-aligned law firms. Too often, the legal teams defending Title VII-offending employers are well-funded, corporate-controlled entities more interested in protecting profit margins than upholding the law. They muddy the waters, pushing narratives that discourage employees—and their potential counsel—from fighting back. They’ll argue “undue hardship” at the drop of a hat, even when the hardship is negligible or speculative. It’s a slimy tactic, and it’s one that plaintiff-side attorneys need to see through.
The Opportunity for Law Firms
This 7th Circuit decision is a goldmine for attorneys willing to step up. It’s not just a single victory—it’s a blueprint. Cases like this show that employees have a real shot at holding employers accountable when their religious rights are trampled. Law firms that specialize in employment law, civil rights, or even general litigation should be diving into this arena, not sitting on the sidelines. These cases aren’t fringe; they’re a growing frontier in workplace law, especially as vaccine requirements, dress codes, and other policies continue to clash with religious beliefs.
For attorneys, the message is clear: stop underestimating these disputes. Educate yourself on the exemption-accommodation divide, and don’t let corporate scare tactics dictate your caseload. There’s merit here, there’s precedent here, and—most importantly—there are clients who need your help.
Final Thoughts
The HR Dive article isn’t just a news blip—it’s a call to action. Attorneys and law firms have a chance to make a difference, both for their clients and for the broader landscape of religious freedom in the workplace. The 7th Circuit has laid the groundwork; now it’s up to the legal community to build on it. So, to myself and others who have been discriminated against because of our religious beliefs out there: read the case, rethink your strategy, and take the fight to the employers who think they can steamroll Title VII. The law is on your side—you just have to use it.
Source of image: Grok AI
Also posted on my X account: https://x.com/TaninRotzach/status/1897885316830417149?t=TmgQoM3lC8SXZC2i-Um1jg&s=19