As President Biden has announced sweeping vaccine mandates for the majority of Americans we wanted to republish a list of resources and tips for any employee who is facing a vaccine mandate as a condition of employment.
Get connected with OKHPR!
The first step is to become a member at OKHPR. If you are a healthcare professional, sign up as a health care professional at okhpr.com so that we can continue to send you targeted action alerts, invite you to exclusive events, and stay in touch about lawsuits and exemption options.
Watch OKHPR’s Emergency townhall where we discussed a number of different issues with a panel of speakers including legislators, attorneys, and doctors.
Legislative Resources
Find your elected officials (after entering your information, scroll all the way to the bottom) and call the governor (405-521-2342), your state representative, and state senator. Tell them that you are a constituent and you are asking them to take up this issue as soon as possible. This is an emergency situation that needs to be addressed. Make sure your elected representatives also understand that exemptions for employees are not codified in law in Oklahoma like they are for school children. Employers do not have to offer or accept exemptions for medical or religious reasons!
Then look up the elected representatives for your workplace, church, and school. If it is different from the elected representatives at your home address, give them a call as well! Tell them that you work/ attend church/ go to school in their district and you are asking that they take up this issue as soon as possible.
Communicating with your employer
We recommend that you attempt to file an exemption if your employer is offering one.
Step 1. You’ll need to know your employer’s process for exemption. Once your employer publishes the exemption process and requirements, then you will be able to apply. Usually, employers provide a form to be filled out and signed by either you or a religious leader or both. Most times a personal narrative or explanation of beliefs is required. Sometimes they also request, or it is good to have, a religious leader’s certification of beliefs. Each employer is different.
If you need a minister to sign a religious exemption, the following ministers have reached out to us and are willing to sign exemptions. Click here for the minister list. You can also find samples of religious exemptions here. Another resource is called Freedom of Religion. They have provided religious exemption samples on their website here.
1. Document absolutely everything with your employer. Be sure to document all of your inquiries and communication with your employer in writing.
BCC your private email account of ALL emails communication with your employer.
If you have verbal communications with your employer regarding your desire not to be coerced into taking the vaccine, send a follow-up email to the person with whom you had the conversation. “Per our conversation, I understand the following … etc. This is called a CYA email.
When having a conversation with your employer, you can record that conversation with your smartphone. “Oklahoma is a “one-party consent” state. This means that if the recording party is part of the conversation, it is legal for him or her to record. On the other hand, it is illegal to record a conversation between people who are unaware of the recording if you are not a party to the conversation (wiretapping someone’s phone line, for example).”
When recording an employer, put your phone on “airplane mode”. (If you get a random call during a recording, it will pause the recording.
2. Be polite, be kind, but demand answers.
3. Ask in writing all of your questions. We have compiled a number of different questions in these templates from our legal team to ask questions about the mandate. Please do not cut and paste the letter verbatim. It is recommended that you read the document and place the questions in your own words in your own language. It is encouraged that you remove questions that you don’t wish to include and (more importantly) add questions that you have that are more tailored to your specific employment.
4. Tell them you have private medical reasons on why you do not want the vaccine and ask if there is there an exemption process.
5. Be sure in your correspondence that you say that you are uncomfortable with this mandate and you feel they are forcing you to make a personal medical decision. Communicate that you are not comfortable sharing your personal medical information.
7. Let your employer know you want to keep your job.
8. Most importantly….DO NOT QUIT YOUR JOB! Wait for them to fire you.
Military Accommodation Guides
This website has an extensive list of resources for members of our military
Additional Resource for Federal Employees
Please see Federal Practice Group for an additional resource specifically for Federal Employees.