# 2021-254 Careers, COVID-19

Case summary

F&R Date: 2023-01-09

The grievor requested religious accommodation permitting him not to wear a face mask while transiting between work areas, as was required by a Fragmentary Order (FRAG O), and after the COVID-19 global pandemic began. That request was denied by his chain of command (CoC). Although the CoC offered a short-term work from home arrangement, the request was denied based on social distancing being impossible in certain work areas to which the grievor required access to perform his duties.

The Initial Authority (IA) found that the grievor was provided with a suitable work from home alternative. However, the IA found that the accommodation requested by the grievor would result in undue hardship. The IA concluded that the grievor was treated fairly and in accordance with all applicable policies and procedures.

The Committee concluded that the grievor showed he held a sincere belief that was reasonably connected to his religious faith, and that wearing a face mask interfered with his belief, and capacity to perform his regular duties. The Committee noted that the issue in this case was whether the Canadian Armed Forces (CAF) was able to accommodate the grievor's request to access the workplace not wearing a mask, without incurring undue hardship.

The Committee found that the requirement to wear masks pursuant to the FRAG O by the CoC was reasonable, consistent with advice of CAF medical experts and broader public health measures. The Committee concluded that the CAF exercised its duty of care towards its members, their families and civilian staff.

The Committee also found that allowing the grievor to perform his regular duties without wearing a mask would have imposed undue hardship on the CAF regarding health and safety. Finally, the Committee concluded that the accommodation solution of work from home offered by the CoC was reasonable and policy compliant.

The Committee recommended that the Final Authority not afford the grievor redress.