Whether or not a religious belief is sincerely held by an applicant or employee is rarely at issue in most religious discrimination lawsuits. With both the EEOC and DFEH guidance requiring employers to accommodate an employee who has a sincerely held religious belief that prevents an employee from receiving any of the COVID-19 vaccinations, the issue of what is a “sincerely held religious belief” has become more important in employment law. This is particularly true for those employers that decide to mandate the COVID-19 vaccination as a condition of employment or condition of receiving certain employment benefits. Challenging the Sincerity of a Religious Belief Whether a belief is “sincerely held” is generally an issue of individual credibility. While evidence proving that an employee acted inconsistently with his alleged sincerely held religious belief is relevant to determine whether the belief is sincere, this evidence is difficult to obtain in most cases, and often can be overcome, as sincerely held religious beliefs are not static and often change over time. See, e.g., EEOC v. Ilona of Hungary, Inc., 108 F.3d 1569, 1575 (7th Cir. 1997) (en banc) (finding that a Jewish employee proved her request for leave to observe Yom Kippur […]
