In Sturgill v. American Red Cross (6th Cir., No. 24-1011, 08/21/2024), the employer fired Sturgill for not getting a COVID vaccination, finding that she was medically—but not religiously—opposed to the vaccine. Sturgill sued, alleging a failure to accommodate her religious beliefs in violation of Title VII. The trial court dismissed the case at the 12(b)(6) stage, ruling the complaint failed to show a sincere religious belief that conflicted with an employment requirement. The Sixth Circuit reversed, holding a plaintiff need not plead a prima facie case at the pleading stage, and that the complaint plausibly alleged a failure to accommodate claim. Rather, the court held that whether the plaintiff established a prima facie case is a question for the summary judgment stage following discovery.
Archives
- September 2024
- August 2024
- May 2024
- April 2024
- February 2024
- January 2024
- June 2023
- May 2023
- February 2023
- December 2022
- July 2022
- June 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- July 2021
- May 2021
- April 2021
- March 2021
- January 2021
- December 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- March 2020
- February 2020
- January 2020
- April 2019
- March 2019
- February 2019
- January 2019
- February 2018
- September 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- August 2016
- July 2016
Categories
Recent Posts
- Sixth Circuit Affirms – and Reverses – on ADEA Discrimination and Harassment Claims
- Retaliatory Discharge Claim Not Covered by Arbitration Provision in Employee Confidentiality Agreement
- Employer Must Re-Open Union Facility Due to Unfair Labor Practice – Sixth Circuit
- Sixth Circuit Affirms Jury Verdict for Sexual Harassment
- Employee’s Title VII Claims Survive “Last Chance Agreement”