The following article was first published on Shipman & Goodwin‘s Employment Law Letter. It is reposted here with permission.
Employers in Connecticut and New York who thought they had a solid handle on religious accommodation law just got a new wrinkle.
On July 15, the Second Circuit adopted a new prima facie standard for failure-to-accommodate-religion claims under Title VII.
The decision vacates summary judgment for an employee who was terminated for refusing to comply with a COVID-19 vaccination requirement after her request for a religious exemption was denied.
But the real significance lies in what the court did to the legal framework itself. The case, Bergin v. New York State Unified Court System, No. 25-721, can be read here.
Jessica Bergin worked as a court officer for the New York State Unified Court System.
In September 2021, UCS announced a mandatory COVID-19 vaccination requirement with a process for employees to seek religious or medical exemptions.
Bergin submitted an exemption request citing her religious beliefs, including a personal statement, scripture verses, and a letter from her pastor.
UCS’s Vaccine Exemption Review Committee asked Bergin to complete a supplemental questionnaire designed to explore the sincerity of her stated beliefs.
Bergin returned the form largely unanswered. UCS denied her exemption, and when she failed to get vaccinated by the deadline, she was placed on leave and ultimately terminated in April 2022.
Bergin sued under Title...
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