The Center filed a brief with the U.S. Court of Appeals for the Second Circuit in support of a rehearing en banc after the Second Circuit vacated the lower court’s judgment and remanded the case for further proceedings. Jessica Bergin, a Unified Court System (UCS) court officer, was required under a September 2021 UCS policy to receive a COVID-19 vaccination to remain at work. She requested a religious exemption, but the UCS denied the request and terminated her employment. Jessica sued the UCS, alleging a violation of Title VII for failure to accommodate her religious beliefs. The district court granted partial summary judgment in her favor, finding that she had established a prima facie case of religious discrimination and also concluded that the employer had not shown that granting the accommodation would have been an undue hardship. On appeal, the Second Circuit held that EEOC v. Abercrombie & Fitch Stores, Inc. changed the standard for a prima facie case for failure to accommodate religion under Title VII, requiring proof that the employee actually needed an accommodation and that the employer’s motive to avoid that accommodation was a factor in an adverse employment decision. The Center’s brief takes issue with the Second Circuit’s interpretation of Abercrombie, arguing that the “motive” requirement imposes an additional showing of anti-accommodation motive that the U.S. Supreme Court’s opinion does not support. The brief points out that this new test creates a circuit split, causing religious employees in the Second Circuit to face hurdles the Supreme Court never intended in Title VII cases.
