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Wednesday, May 20, 2026

Employment – Vaccination – Religious discrimination - Massachusetts Lawyers Weekly

Where a plaintiff has brought claims against her former employer in connection with her termination for failure to comply with the employer’s COVID-19 vaccination policy, the complaint must be dismissed because (1) the plaintiff has failed to state a plausible claim of religious discrimination under Title VII or Chapter 151B, (2) her constitutional claims fail as a matter of law given that the employer is a private entity, and (3) she cannot bring a private cause of action under the Massachusetts Declaration of Rights.

“… Here, the second amended complaint contains only conclusory allegations that [plaintiff Regina M.] Thornton requested to be exempt from the Vaccination Policy due to her ‘sincerely held religious beliefs’ but does not state what those beliefs were or how they relate to vaccines generally or the COVID-19 vaccine specifically. … She does not allege that her religion requires her to observe certain medical limitations that include a refusal to take vaccines generally or the COVID-19 vaccine.

“Rather, Thornton states that she was prevented from receiving the COVID-19 vaccine because ‘what God has created is perfect’ and that ‘it would violate my sincerely held religious beliefs and jeopardize my soul and eternal salvation to go against God by defiling my perfectly created body that He created in His image by receiving the vaccine.’ … Courts faced with the same or similar articulated belief as Thornton’s have consistently held that such a conviction is not a...



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