F&P Receives Favorable Ruling in COVID-19 Title VII Ruling

Last week, F&P attorneys Ralph Arnsdorf, Scott Phillips, and Patrick Wachter obtained a favorable ruling in a case involving religious discrimination claims under Title VII related to COVID-19 vaccination requirements. Plaintiff Cara Dodson alleged religious discrimination after her employment was terminated for refusing the COVID-19 vaccination. Defendant Lutheran Village at Millers Grant Inc. had denied her request for religious accommodation based on safety concerns for vulnerable residents.

Ms. Dodson is a licensed occupational therapist who worked at Lutheran Village from March 2019 to February 2022, often in close contact with clients. Lutheran Village’s vaccination policy required annual vaccinations unless exempted for medical or religious reasons. Ms. Dodson initially received a religious exemption for the COVID-19 vaccine in January 2021 due to its emergency use status. In September 2021, she requested another exemption, citing concerns about the vaccine’s use of aborted fetal tissue. Lutheran Village denied her request in December 2021, citing increased risks to residents and staff.

The court set multiple deadlines for discovery and motions, with Ms. Dodson’s counsel entering the case in August 2023, and Lutheran Village filed a renewed motion for summary judgment after the close of discovery.

Title VII requires employers to accommodate religious practices unless it causes undue hardship. Lutheran Village argued that accommodating Ms. Dodson would increase the risk of COVID-19 spread among vulnerable populations. The court found that granting the accommodation would impose undue hardship due to health risks.

The court granted Lutheran Village’s motion for summary judgment, concluding that Ms. Dodson’s requested accommodation posed a threat to health and safety. Ms. Dodson’s motion to produce additional evidence was denied due to lack of diligence in pursuing discovery.