On December 27, 2012, the U.S. District Court for the Southern District of Ohio denied a Defendant’s Motion to Dismiss in favor of the Plaintiff, a former employee alleging religious discrimination based on her veganism. Chenzira v. Cincinnati Children’s Hosp. Med. Ctr. (S.D. Ohio 2012), No. 1:11-cv-00917.
Ms. Chenzira worked for the Cincinnati Children’s Medical Center as a customer service representative. She was terminated for refusing to be vaccinated for the flu in accordance with the hospital’s policy. Ms. Chenzira refused to be vaccinated because she is a vegan, and vegans do not ingest any animal product or byproduct (the flu vaccine is grown in chicken eggs). Ms. Chenzira filed suit alleging that the termination of her employment was in violation of Title VII of the 1964 Civil Rights Act and the Ohio Civil Rights Act.
The hospital filed a Motion to Dismiss, arguing that Ms. Chenzira’s veganism is simply a social philosophy or dietary preference that does not fall under the religious discrimination provisions of federal and state law. In support of her position, the plaintiff cited to federal regulations addressing religious discrimination and attached an essay entitled “The Biblical Basis of Veganism.” The Court denied the Defendant’s Motion to Dismiss, finding that it was plausible that the plaintiff’s veganism “constitutes a moral and ethical belief” that she holds with the same conviction as a traditional religious view.
At this point, the plaintiff has merely survived a motion to dismiss. There is certainly no guarantee that she will ultimately be successful in establishing that her veganism is a protected religion under federal and state law. However, this case serves as a reminder to employers to avoid a limiting analysis in determining whether a possible religious claim exists. Companies should be mindful that religious discrimination is not necessarily limited to a handful of traditional or mainstream religions.