In a recent case involving the discharge of a vegan employee for her refusal to be vaccinated for the flu, a federal district court judge in Ohio ruled that the employer may have violated Title VII, refusing to dismiss the former employee’s claim. In the past, the hospital employer had permitted the former employee to forgo the vaccination due to her claim that the vaccine contained animal products and would therefore be contrary to her religious and philosophical beliefs as a vegan. However, in 2010, the employer changed its practice and terminated the employee.
The court in Chenzira v. Cincinnati Children’s Hosp. Med. Ctr., No. 11-cv-00917, (S.D. Ohio Dec. 27, 2012) rejected the employer’s argument that veganism does not qualify as a religion, but is merely the employee’s dietary preference or social philosophy. It reasoned that the former employee alleged a plausible claim that she subscribes to veganism “with a sincerity equating that of traditional religious views” and the matter should go to trial. The Supreme Court and the EEOC regulations and have interpreted “religious belief” broadly, giving protection to employees with moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of religious views.
Bottom Line
The moral of the story? When your employee asks for an exception to a policy or requirement based on a “sincerely held belief,” consider whether it may be considered a religious belief subject to protection by Title VII.