Ive definitely known some particularly zealous Vegans (Vegangelists? Veganazis?) for whom this would apply! (in case you didnt know many vaccines are made from eggs) In Chenzira v. Cincinnati Children’s Hospital Medical Center, (SD OH, Dec. 27, 2012), an Ohio federal district court held that a hospital customer service worker may be able to show that her employer’s refusal to accommodate her vegan beliefs amounted to religious discrimination under Title VII and state anti-discrimination laws. Plaintiff was fired for refusing to be vaccinated against the flu. She claimed that the discharge violated her religious and philosophical convictions because as a vegan she would not ingest any animal or animal by-products. In refusing to dismiss the complaint, the court, rejecting defendant’s argument that veganism does not qualify as a religion, said: The Court finds it plausible that Plaintiff could subscribe to veganism with a sincerity equating that of traditional religious views…. The Court’s conclusion is further bolstered by Plaintiff’s citation to essays and Biblical excerpts. “Plaintiff responds that her practice constitutes a moral charge and ethical belief which is sincerely held with the strength of traditional religious views in accordance with United States v. Seeger, 380 U.S. 163 (1965), and Welsh v. United States, 398 U.S. 333 (1970). Plaintiff specifically cites 29 C.F.R. § 1605.1, which states, “whether or not a practice or belief is religious is not an issue. . .the Commission will define religious practices to include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of religious views” (Id.). Moreover, Plaintiff attaches an essay to her Response, “The Biblical Basis of Veganism,” and she cited to Biblical passages in her request for religious accommodation (Id.).” minnesotaemploymentlawreport/wp-content/uploads/sites/315/2013/02/Chenzira-v.-Cincinnati-Childrens-Hosp.-Med.-Ctr.pdf
Posted on: Mon, 25 Aug 2014 03:33:06 +0000
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