For our next employment law class, this is one of the issues
we’ll take up. A health care worker was offered a job with a hospital system,
contingent on being vaccinated. He refused because vaccines use chicken embryos, thus implicating his vegan beliefs. The
hospital system withdrew its offer, and he sued. Here is a summary of his
complaint:
“As a strict Vegan,
[plaintiff] fervently believes that all living beings must be valued equally
and that it is immoral and unethical for humans to kill and exploit animals,
even for food, clothing and the testing of product safety for humans, and that
such use is a violation of natural law and the personal religious tenets on
which [plaintiff] bases his foundational creeds. He lives each aspect of his
life in accordance with this system of spiritual beliefs. As a Vegan, and his
beliefs [sic], [plaintiff] cannot eat meat, dairy, eggs, honey or any other
food which contains ingredients derived from animals. Additionally, [plaintiff]
cannot wear leather, silk or any other material which comes from animals, and
cannot use any products such as household cleansers, soap or toothpaste which
have been tested for human safety on animals or derive any of their ingredients
from animals. This belief system[ ] guides the way that he lives his life.
[Plaintiff’s] beliefs are spiritual in nature and set a course for his entire
way of life; he would disregard elementary self-interest in preference to
transgressing these tenets. [Plaintiff] holds these beliefs with the strength
of traditional religious views, and has lived in accordance with his beliefs
for over nine (9) years. As an example of the religious conviction that
[plaintiff] holds in his Vegan beliefs, [plaintiff] has even been arrested for
civil disobedience actions at animal rights demonstrations. This Vegan belief
system guides the way that [plaintiff] lives his life. These are sincere and
meaningful beliefs which occupy a place in [plaintiff’s] life parallel to that
filled by God in traditionally religious individuals adhering to the Christian,
Jewish or Muslim Faiths.”
A California appeals court rejected his argument,
concluding:
There is no allegation or judicially
noticeable evidence plaintiff’s belief system addresses fundamental or ultimate
questions. There is no claim that veganism speaks to: the meaning of human
existence; the purpose of life; theories of humankind’s nature or its place in
the universe; matters of human life and death; or the exercise of faith.
There is no apparent spiritual or
otherworldly component to plaintiff’s beliefs. Rather, plaintiff alleges a
moral and ethical creed limited to the single subject of highly valuing animal
life and ordering one’s life based on that perspective. While veganism compels
plaintiff to live in accord with strict dictates of behavior, it reflects a
moral and secular, rather than religious, philosophy.
Second, while plaintiff’s belief
system governs his behavior in wide-ranging respects, including the food he
eats, the clothes he wears, and the products he uses, it is not sufficiently
comprehensive in nature to fall within the provisions of regulation 7293.1.
Third, though not determinative, no
formal or external signs of a religion are present. There are no: teachers or
leaders; services or ceremonies; structure or organization; orders of worship
or articles of faith; or holidays.
What do you think?
Share your views with me on Facebook.
Earlier this year, Ontario took a more expansive view of
this question.
"Creed may also include
non-religious belief systems that, like religion, substantially influence a
person's identity, worldview and way of life."
….
For example, the policy
recommends that a person in a hospital facility who has a creed-based need for
vegetarian food be provided with appropriate food by the facility. Other
examples include:
• A university or school would have an obligation to
accommodate a biology student who refuses to perform an animal dissection
because of her creed.
• An employer would have an obligation to accommodate an
employee who cannot wear an animal-based component of a uniform, like leather
or fur, based on his creed.
• An employer must ensure corporate culture does not
exclude a vegetarian or vegan employee, such as holding regular company
networking events at a steakhouse, instead of providing additional, inclusive
opportunities.
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