Finding Religion on a Motion to Dismiss: Federal Court Concludes that Plaintiff’s Secular Concerns About COVID Vaccines Do Not Foreclose Religious Discrimination Claims
Seyfarth Synopsis : In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff’s allegations of religious conflict with vaccination are sufficient to survive a motion to dismiss even when religious motives are coupled with secular concerns over vaccine safety. Background & Holding To get past a motion to dismiss and unlock the door to discovery, Plaintiffs asserting religious discrimination claims under federal or state law must allege facts suggesting that their religious beliefs or practices conflicted with a requirement of their employment. But what beliefs count as “religious”? The issue arises frequently in cases challenging termination for non-compliance with an employer’s COVID vaccine policy because employees’ claims of religious conflict are often interspersed with entirely secular concerns —such as fear of harm from the vaccine...