Wednesday, January 27, 2021
As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of disability or religion. In
Horvath v. City of Leander, the U.S. Court of Appeals for the Fifth Circuit recently considered an employer’s proposed accommodations to a firefighter who refused a mandatory tetanus, diphtheria, and pertussis (TDAP) vaccine for religious reasons, and its analysis now provides timely guidance to employers considering a different type of mandatory vaccine.
Brett Horvath sued the City of Leander, Texas, and Bill Gardner (individually and in his capacity as fire chief), alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and the Texas Commission on Human Rights Act, related to his request for an accommodation and subsequent termination. Horvath, who worked as a firefighter and driver/pump operator for the city’s fire department, requested a religious accommodation, exempting him from the fire department’s requirement that all employees obtain the TDAP vaccine. Horvath is an ordained minister and objected to vaccinations as part of his religion.