A growing number of people are claiming religious reasons to avoid vaccination mandates. While courts have traditionally been reluctant to second guess religious claims, Lewis & Clark Law School professor Jim Oleske said they do test sincerity.
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Employers, for example, could compare a religious claim with what an employee who filed it may have posted on social media.
"That's one way of proving it," Oleske said. "People have actually [posted about] their real basis and then they come in and they say it's about religion."
While it's one thing to question the sincerity of one's religious exemption claims, Oleske said it's another thing entirely for an employer to suggest a person's sincere religious beliefs are unreasonable.
"Courts are going to say it was illegitimate - especially if it's a government employer - to be engaging in questioning the reasonableness of a particular religious belief," Oleske said.
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Негізгі бет Law professor examines religious exemptions from COVID vaccine mandates
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