Vaccine Exemption Process: This Is What I Would Do



You are protected by law. Do not let anyone tell you otherwise. The CDC has been very specific outlining the legality of mandating vaccines in the work force.


Links will be provided below. Make sure you check State and Local Laws before going about this process. Most states have a 2 to 3 categories of exemption.

Medical, Psychological and Religious.


As per the CDC (Source Is Here)


COVID-19 vaccines are NOT mandated under Emergency Use Authorizations (EUAs)


The Food and Drug Administration (FDA) does NOT mandate vaccination. However, whether a state, local government, or employer, for example, may require or mandate COVID-19 vaccination is a matter of state or other applicable law.



Pay attention to this... they are telling you how to claim your exemption...


Employer Vaccine Mandates and Proof of Vaccination

Whether an employer may require or mandate COVID-19 vaccination is a matter of state or other applicable law. If an employer requires employees to provide proof that they have received a COVID-19 vaccination from a pharmacy or their own healthcare provider, the employer cannot mandate that the employee provide any medical information as part of the proof.


Employee Medical Conditions or Religious Beliefs Exemptions

Two types of exemptions can be implemented:

  • Medical exemptions Some people may be at risk for an adverse reaction because of an allergy to one of the vaccine components or a medical condition. This is referred to as a medical exemption.

  • Religious exemptions Some people may decline vaccination because of a religious belief. This is referred to as a religious exemption.

Employers offering vaccination to workers should keep a record of the offer to vaccinate and the employee’s decision to accept or decline vaccination.



Note - This below directive has been broadened now to all virus' and vaccines.



Guidance on Exemptions

The Equal Employment Opportunity Commission (EEOC) provides guidance on mandatory vaccination against H1N1 influenza. The EEOC guidance may be applicable to COVID-19 vaccination, which became available in December 2020.

For employers covered by the Americans with Disabilities Act (ADA), “…an employee may be entitled to an exemption based on an ADA disability that prevents him from taking the influenza vaccine.”


For employers covered under Title VII of the Civil Rights Act of 1964,


once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the influenza vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship.”

“Generally, ADA-covered employers should consider simply encouraging employees to get the influenza vaccine rather than requiring them to take it.”

See question 13 for more information from the EEOC, available at


Pandemic Preparedness in the Workplace and the Americans with Disabilities Actexternal icon.


Check out Question 13 from EEOC.

https://www.eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-disabilities-act#q13


13. May an employer covered by the ADA and Title VII of the Civil Rights Act of 1964 compel all of its employees to take the influenza vaccine regardless of their medical conditions or their religious beliefs during a pandemic? No. An employee may be entitled to an exemption from a mandatory vaccination requirement based on an ADA disability that prevents him from taking the influenza vaccine. This would be a reasonable accommodation barring undue hardship (significant difficulty or expense). Similarly, under Title VII of the Civil Rights Act of 1964, once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the influenza vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship as defined by Title VII ("more than de minimis cost" to the operation of the employer’s business, which is a lower standard than under the ADA).(36) Generally, ADA-covered employers should consider simply encouraging employees to get the influenza vaccine rather than requiring them to take it. *As of the date this document is being issued, there is no vaccine available for COVID-19.




Here is what I would do in this situation if my employer mandated I get a vaccine...

  1. I would Type out a letter to my companies Human Resources Department. I would not make it long but it should be specific as to what it says.

  2. I would make sure the letter is in a professional form that lists all the parties involved, includes date and signature field.

  3. The body of my letter would include whatever exemption I am claiming. I would not write a book or explain my justification. All that I would do is state my exemption status pertaining to my local and state laws. i.e. Medical, Religious or Psychological

  4. I would then Sign the letter and date the signature.

  5. I would send the letter through Certified Mail through the USPS AND hand deliver a copy. I would make sure that I have a legal record of the delivery, this is why I would send certified mail.

  6. If my employer asks me any questions pertaining to my exemption I do not have to answer. Specifically if it is a mental or psychological exemption (check State laws)

  7. If I had a medical exemption and my employer asked for more information from my doctor, I would simply decline. If they mandated this information, I would be rest assured that the disclosure of this information is protected by law and I do not need to disclose. As per the CDC website

the employer cannot mandate that the employee provide any medical information as part of the proof.


This is just what I would do if I was in this situation. If you choose to do something similar, please make sure you are within your rights in your respective States and Counties.

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