4th Circuit Court allows religious discrimination claim in vaccine case

The 4th U.S. Circuit Court of Appeals has overturned a lower court ruling, allowing a former employee to proceed with a religious discrimination claim against Essity Professional Hygiene North America. The employee, Delsonya Wilkins-Bailey, was terminated in December 2021 after refusing a COVID-19 vaccination mandate.

Wilkins-Bailey cited religious beliefs—identifying as a Jehovah’s Witness, a follower of the Nation of Islam, and a Christian—stating her refusal was based on the belief that she must be protective of her body as ‘God’s law.’ While the trial court had previously dismissed the claim by characterizing her refusal as a personal choice rather than an essential religious requirement, the appellate court’s 2-1 decision disagreed.

The court noted that Title VII requires employers to accommodate sincerely held religious beliefs, even if those beliefs involve personal interpretation of religious texts or tenets. The ruling suggests that dismissing such claims based on an employer's interpretation of what constitutes an essential belief could leave millions of religious workers unprotected.