CONSIDERATIONS BEFORE FURTHER PURSUING AN EXEMPTION:
*Have you fully participated in the ‘interactive collaborative process’ with your employer in seeking an exemption?
*Do you think that your employer made a mistake in their evaluation and decision for your exemption?
*Your employer has probably documented everything – did you document everything?
If your religious exemption has been denied, and your answer is yes to the above questions, here are some general suggestions for what to do next:
1) inform your employer that you are requesting to appeal their religious exemption denial decision – if employer allows for appeal, proceed through the appeals process
2) if your employer does not allow for appeal, or if your religious exemption is still denied after the appeals process is complete – AND you think that there is a basis for religious discrimination, harassment, and or retaliation against you – then file complaints with:
https://www.eeoc.gov (scroll to bottom of this page, to these links)
Employees & Applicants
- How to file a charge of employment discrimination
- Find an EEOC office
- Learn about ongoing litigation and settlements
- Learn about employees’ rights and responsibilities under EEO law
Hawaii Civil Rights Commission
*check box and or indicate on form that you will also be filing a joint complaint with
3) consult with an attorney for legal advice and action – you should do this prior to further pursuing your exemption
*DOCUMENT, DOCUMENT, DOCUMENT EVERYTHING
FOR MORE INFORMATION https://lc.org/exempt#denied
For a medical exemption denial, contact your physician and an attorney for professional advice
Disclaimer: All the above is not professional legal advice – an employee who has had their exemption denied and or facing employment status change should immediately seek an attorney for professional legal advice – for exemption appeal, filing complaints, and future employment / legal actions