In November 2021, I shared a message with my followers about protecting their workplace rights amid intense pressure from employers to comply with COVID-19 protocols, such as vaccinations, testing, and mask requirements. At the time, many felt coerced into decisions that conflicted with their personal, moral, or religious beliefs. My goal was to remind people that they have rights under federal law and do not need to consent to measures that violate their deeply held convictions. This blog revisits that message, provides context about the events of 2021, and explains the legal protections available to workers, backed by sources and guidance from federal agencies.
The Context: OSHA’s Emergency Temporary Standard (ETS) in 2021
In September 2021, the Biden administration directed the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate COVID-19 vaccinations or regular testing for unvaccinated workers. This directive, announced as part of the administration’s broader strategy to combat the pandemic, also included requirements for face coverings in certain workplace settings. The ETS was framed as a public health measure, but it sparked significant controversy, with critics arguing it overstepped OSHA’s authority and infringed on individual rights.
Many employers, under threat of hefty fines (up to $13,653 per violation), began implementing these measures, often without fully understanding the legal nuances or employees’ rights to exemptions. This led to widespread confusion, with some workers feeling pressured to comply without being informed of their options for reasonable accommodations under federal law.
OSHA’s Role and Limitations
It’s critical to understand that OSHA does not have the authority to create new laws. OSHA’s role, established under the Occupational Safety and Health Act of 1970, is to enforce workplace safety standards and regulations based on existing federal laws. The ETS was a temporary measure, not a law passed by Congress, and it faced immediate legal challenges. Critics, including lawmakers and advocacy groups, argued that it violated constitutional protections and conflicted with federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA).
On January 13, 2022, the U.S. Supreme Court blocked the ETS, ruling that OSHA had exceeded its authority by imposing a broad public health mandate that went beyond workplace-specific safety concerns. This decision reaffirmed that OSHA’s regulatory power is limited to enforcing existing laws, not creating sweeping new requirements.
Your Rights Under Federal Law
Even during the ETS’s brief implementation period, workers had protections under federal law that employers were required to respect. OSHA itself acknowledged these rights in its guidance, specifically referencing the ADA and Title VII. Here’s what OSHA stated in its ETS documentation (Note 1 to paragraph (d)):
“Under federal law, including the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964, workers may be entitled to a reasonable accommodation from their employer, absent undue hardship. If the worker requesting a reasonable accommodation cannot be vaccinated and/or wear a face covering because of a disability, as defined by the ADA, the worker may be entitled to a reasonable accommodation. In addition, if the vaccination, and/or testing for COVID-19, and/or wearing a face covering conflicts with a worker’s sincerely held religious belief, practice or observance, the worker may be entitled to a reasonable accommodation.”
This guidance, available on OSHA’s website, clarified that employers must consider requests for accommodations based on disabilities or sincerely held religious beliefs. For example:
- Disability-Based Exemptions (ADA): If a medical condition prevents an employee from being vaccinated or wearing a mask, they can request an accommodation, such as remote work or alternative safety measures.
- Religious-Based Exemptions (Title VII): If an employee’s sincerely held religious beliefs conflict with vaccination, testing, or mask requirements, they are entitled to request an accommodation, provided it does not cause undue hardship to the employer.
The Equal Employment Opportunity Commission (EEOC) provided further guidance on these protections, which remains relevant for understanding workplace rights during public health mandates. The EEOC’s resource, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” outlines how employers must evaluate accommodation requests and balance them with workplace safety needs.
Why This Matters Today
Although the OSHA ETS was struck down in 2022, the events of 2021 highlight the importance of understanding your workplace rights. Employers may still implement health and safety policies, especially during public health crises, but they must comply with federal laws protecting employees from discrimination and coercion. Here are key takeaways for workers:
- You Have the Right to Request Accommodations: If a workplace policy conflicts with your disability or religious beliefs, you can request a reasonable accommodation. Employers must engage in an interactive process to explore feasible solutions.
- Know Your Employer’s Obligations: Employers cannot ignore federal protections under the ADA or Title VII. They must document and justify any denial of accommodation requests, ensuring it meets the “undue hardship” standard.
- Stay Informed About Legal Limits: Agencies like OSHA operate within defined boundaries. Temporary measures or executive actions are not laws and can be challenged if they overstep legal authority.
How to Protect Your Rights
If you face workplace policies that conflict with your beliefs or medical needs, consider these steps:
- Document Your Request: Submit accommodation requests in writing, clearly stating the basis (e.g., disability or religious belief) and proposing possible solutions.
- Consult Legal Resources: Review guidance from the EEOC or consult an employment attorney to understand your rights and options.
- Engage with HR: Work with your employer’s HR department to ensure they follow federal guidelines. Provide them with resources like the EEOC’s COVID-19 guidance if needed.
- Stay Informed: Follow updates from reliable sources, such as government websites or legal advocacy groups, to understand evolving workplace regulations.
Conclusion
In 2021, many workers faced unprecedented pressure to comply with COVID-19 protocols, often without clear information about their rights. My original message was a call to action: you do not need to consent to measures that violate your moral, ethical, or legal protections. Federal laws like the ADA and Title VII exist to safeguard your ability to work without sacrificing your beliefs or health. By understanding these protections and advocating for yourself, you can navigate workplace challenges with confidence.
For more information, visit:
- OSHA ETS Regulation https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.501
- EEOC Guidance on COVID-19 and Workplace Rights https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Let’s continue to educate ourselves and others about our rights, ensuring that workplaces remain environments of fairness and respect.
