My employer has put me on a leave of absence because I am not vaccinated she denied my request for a religious

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Customer: my employer has put me on a leave of absence because I am not vaccinated she denied my request for a religious exemption
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no HR person to talk to not unionized
JA: Are you an "at will" employee? Do you belong to a union?
Customer: i already answered that question
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Debra in 5 mins 9 months ago
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Debra
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Debra
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164974 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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164974 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

Would you like for me to explain the law about vaccinations?

Customer
I want to know what my rights are concerning vaccine mandates my employer placed me on a leave of absence
Customer
i would like to know the laws and what my rights are
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Debra, Expert

I will explain the law but please understand that I'm not a doctor and also I'm just explaining the law. I didn't make the laws, I'm not prepared to try and justify them. I will just explain them as best I can. You should know that I am a senior retired lawyer in Toronto and that over the course of my career I have had extensive experience in disability law which included all areas of health law and human rights/discrimination law.

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

You do not have to be vaccinated. But it is not discrimination to treat you differently if you're not vaccinated. Under the human rights code vaccination status is not a protected ground.

However, if you had a medical reason why you could not be vaccinated then your employer would owe you a duty of reasonable accommodation. They have to accommodate you if they can without undergoing undue hardship.

That would not mean that you could come to work and interact with others. It could mean that you could work from home for example.

If you don't have a valid medical exemption then there is nothing else that you can do in terms of trying to argue that this is a breach of the human rights code.

The Human rights commission has made a clear statement where they had stated that there is no valid religious exemption for not being vaccinated

Does that help clarify the law?

Customer
not really
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Debra, Expert

What more would you like to know?

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
No thanks
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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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