EEOC says government must pay damages to some employees subject to Biden's vaccine mandate

The Biden administration unlawfully discriminated against some Interior Department employees who were denied religious exemptions to the now-defunct COVID-19 vaccine mandate, an oversight body ruled on Monday, saying the workers will be entitled to monetary compensation. 

The administration’s denial of three Bureau of Indian Education employees seeking religious accommodations to get out of the mandate then-President Biden put in place for federal workers in 2021 violated the 1964 Civil Rights Act, the Equal Employment Opportunity Commission said in its ruling. Interior said at the time accommodating the employees would cause undue hardship on the agency and create unsafe working conditions for their colleagues, but EEOC ruled the agency failed to prove those claims. 

​​“No one is above the law, especially the federal government entrusted to enforce it,” said said EEOC Chair Andrea Lucas, adding Monday’s decision “is a step toward justice for federal employees who suffered under the pandemic-era policies of the Biden Administration.” 

Biden issued the mandate to some controversy, particularly as it allowed for agencies to discipline or fire workers who failed to comply with it. The order was eventually paused by various legal challenges and later revoked altogether, but not before 93% of the workforce got vaccinated and another 5% successfully sought a religious or medical exemption. 

The Biden administration ultimately disciplined few employees for failing to comply with its mandate. Some agencies accepted anyone’s request for a religious accommodation without seeking further follow ups, though Interior, EEOC found, took a more nuanced approach. 

After giving the employees a temporary pass on the mandate, religious exemption seekers went before a panel of Interior officials who sought to affirm the employees’ religious sincerity. It found the use of fetal cell lines in the initial development of the vaccine conflicted with certain employees’ religious beliefs, but said accommodating them would create intolerable risk and cost the agency up to $10,000 per unvaccinated employee per year to provide adequate masks and tests.

The employees who brought their case to EEOC still declined to get the vaccine, though they never faced any resulting disciplinary action. In its internal review of their complaint, Interior determined the employees were not entitled to any relief because they never faced any consequences. EEOC disagreed, arguing they suffered "redressable injuries" that were not alleviated by the "fortuitous intervention" but various federal courts. 

The commission also noted it had to consider the case under a new precedent. The 2023 Supreme Court case Groff v. DeJoy affirmed that federal agencies — and all employers — must allow staff to practice their religion to the greatest extent possible unless doing so would impose an undue hardship on business operations. In this case, EEOC said, Interior should have implemented an alternative that allowed it to keep employees safe while still accommodating staff with religious objections to the vaccine. 

“Testing and masking ostensibly effect similar safety goals as vaccination,” EEOC said. 

It added the department’s complaint of the cost of masks and tests were unfounded as Congress authorized funding for explicitly that purpose. 

EEOC instructed Interior to take the next four months to conduct a new review and determine what damages the impacted employees are owed, and to make those payments within the subsequent two months. The department must also train relevant management officials on the Civil Rights Act and create a new process for granting religious accommodations. 

“The government clearly fell short of its obligation under the law,” said Lucas, who Trump first appointed as a commissioner in 2020 and made chair in 2025. “Under my leadership, the EEOC is committed to pursuing accountability, ensuring compliance, and securing justice for all workers, in both the private and public sector.”