If your exemption was denied

If you believe that you

• clearly communicated your sincerely held belief; 
• how that belief was in conflict with getting the Covid shot/ testing/ masking
• and your accommodation was not unreasonable (does not cause the company significant hardship)

First, ask your HR to specifically tell you in writing why you were denied.  Documentation is important.  Ask them how to file an appeal.  It is your right to appeal.

File an Appeal ( see Peggy discuss how at the bottom of the page)

Raytheon: The Raytheon Ombuds program might be the first step towards resolving your issues.

If you feel you've been denied unjustly, you can email us.  Please include a copy of your submission and the companies denial.  We'll review it and get back to you with suggestions to resolve it and get approved.

You must exhaust ALL Administrative Options first.

A recent lawsuit in Colorado was dismissed because the plaintiffs did not exhaust all administrative options. 

• You must appeal the decision with your company and be denied
• Then you need to file a complaint with your state or federal agency.  Ideally that will resolve the issue.
• If neither of those options cause your employer to approve, then you can file a lawsuit.  There are attorneys lining up for wrongful termination and discrimination lawsuits.  To find one in your area, call attorneys that specialize in employment law.

• IF you've experienced discrimination, then you have a right to file a complaint.  The current accommodations (testing, masking) most employer are offering to their employees with exemptions are discrimination because only they must adhere to additional requirements.  

• IF you've been denied an exemption, and you believe you followed the EEOC guidelines (3 critical questions) then you should file a complaint.

• IF your employer denied your exemption of the basis of "undue hardship", file a complaint.  Your employer must PROVE that having you as an employee is and undue hardship.  The 3 attorneys we consulted agree that will be very difficult because you have been working under COVID-19 for months before the vaccine was mandated.

Filing a complaint doesn't put a target on your back!  In fact, it can protect you from retaliation like cutting your hours, putting you on unpaid leave, or being fired while the complaint is outstanding.

Update:  We have receive information from an employee at the EEOC that it is not currently investigating any discrimination reports due to the vaccine or testing.  So be sure you file with your state, your state Attorney General or the Office of Federal Contract Compliance Programs if applicable.

Your State Attorney General's office investigates civil rights violations, as most do nationwide.  This might be a good place to start, and it typically doesn't conflict with filing an EEOC complaint.  Do an internet search for Civil Rights Complaint (name of your state)

Arizona- https://www.azag.gov/complaints/civil-rights

Texas- https://powerforms.docusign.net/e5e9a135-597f-4a67-8e75-d1246fe9d86e?env=na3&acct=7211740a-6ad2-45c1-bad5-cf8698609c41&accountId=7211740a-6ad2-45c1-bad5-cf8698609c41

If your employer is a Federal Contractor, you can file a complaint with the U.S. Department of Labor, Office of the Federal Contract Compliance Programs.  They investigate discrimination including "accommodation for a disability or for religious observances. "  

48 States have Fair Employment Practices Agencies. Filing a complaint with your state agency automatically files with the EEOC.  So be sure your filing is comprehensive and accurate and timely.  You must typically file within 90 days of the date of the discrimination.

If you're in Arkansas or Mississippi, you need to file your complaint directly with the EEOC because your state doesn't have an agency.