By John Russell
Indianapolis Business Journal
INDIANAPOLIS — It’s one of the trickiest paths an employer must tread: when to make allowances for workers who express sincerely held religious views on matters ranging from work schedules to dress and grooming practices.
And for the past year, Indiana employers have faced one more sensitive area: whether to enforce COVID-19 vaccination mandates on workers who say the vaccines violate their religious beliefs.
For months, it’s been the employer that has decided whether to make exceptions, typically on a case-by-case basis. They’ve acted under Title VII of the Civil Rights Act, which prohibits employment discrimination based on religion, with latitude for employers to take actions to keep the workplace safe.
But a bill already advancing through the 2022 session of the Indiana General Assembly would remove the ability of employers to decide whether to grant religious exemptions. Instead, under House Bill 1001, any worker could request a religious exemption to a vaccine mandate and automatically get one, “without further inquiry.”
The bill raises thorny questions about the balance between a worker’s religious freedoms and the right of employers to keep workplaces safe for employees, co-workers, customers, and, in the cases of hospitals and clinics, severely ill patients.
The House Employment, Labor and Pensions Committee will take public testimony on the proposal Thursday in advance of lawmakers reconvening in full in January. More than 50 House Republicans — but no Democrats — have signed onto the bill.
State Rep. Matthew Lehman, R-Berne, said he authored the bill because vaccines are a personal and religious issue for many people, and businesses need to accommodate those beliefs.
However, some companies are not approving requests for religious exemptions, Lehman said. When the demands of business cross religious lines, “I think there needs to be some protections for the worker.”
One of the House Republicans signed on as co-author, Rep. Ryan Lauer, R- Columbus, said he believes Hoosiers have a “constitutional right of individual freedom which must be respected. No employee should be placed in a position to choose between their job and not taking a vaccine because it would violate their religious beliefs or for legitimate medical reasons.”
Lauer said the legislation would also require businesses to accept medical and religious exemptions and recognize natural immunity, if they require the COVID-19 vaccine as a condition of employment due to recent federal mandates.
“This legislation would help alleviate many Hoosiers’ concerns surrounding vaccine mandates by strengthening exemptions under Indiana law,” Lauer said. “As we move closer to the start of session, I’ll also continue listening to constituents’ input on this issue and others. I also remain committed to working on responsibly ending the statewide public emergency and protecting our God-given rights under the Constitution.”
For the complete story, see Wednesday’s Republic.
