Friday, October 28, 2016

What Do You Think: Is Veganism a Religious Creed?


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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