Dismissal Affirmed In Discrimination Challenge To COVID-19 Policy

The Eighth U.S. Circuit Court of Appeals affirmed dismissal of a Title VII lawsuit brought by an employee who objected to his employer’s COVID-19 policy.

Defense contractor Aero Simulation, Inc. (ASI) required all employees to receive the COVID-19 vaccine during the pandemic. Employees who were not fully vaccinated “regardless of the reason” would be subject to routine testing.

ASI employee Matthew Kale requested a religious exemption from the vaccination and testing requirements. His request stated: “God created me with an immune system and I will not modify what He has designed. I will not violate my God-given conscience to defile myself with unwanted intrusions into my body, which is a temple of the Holy Spirit.”

Kale offered to undergo alternative screening such as temperature checks. ASI denied an exemption, and he was ultimately terminated.

Alleging religious discrimination in violation of Title VII, the Religious Freedom Restoration Act (RFRA), the Constitution and state law, as well as disability discrimination in violation of the Americans with Disabilities Act (ADA) and state law, Kale sued.

The district court granted ASI’s motion to dismiss, and Kale appealed.

For each religious discrimination claim, Kale was required to plausibly allege a bona fide religious belief that was burdened by an employment requirement, the court explained, but he failed to do so.

In addition to his statement on the requested exemption form, Kale detailed his concerns about “the composition and delivery mechanism of the currently available COVID-19 vaccines” because of his belief that “taking a biologic that alters mitochondrial RNA or cellular DNA is in violation of God’s will and laws.” He also objected to weekly testing on the same grounds.

“Kale’s proposed amended complaint does not explain how ASI’s testing procedures would intrude on his body or modify his immune system,” the court wrote. “Without factual allegations about the nature of the COVID-19 test (i.e., a nasal swab as opposed to a saliva sample), this court is not required to assume the test intruded into Kale’s body in violation of his alleged religious beliefs. … Kale fails to connect his objection to testing with his specific religious beliefs, as alleged.”

Further, ASI’s policy required Kale to be vaccinated or to test weekly, the court noted.

“His objection to the vaccination requirement alone is insufficient to establish religious discrimination,” the court said. “The sincerity of Kale’s religious beliefs is not before us. But because Kale’s complaints (both pro se and proposed amended) fail to connect his objection to ASI’s policy with his specific religious beliefs, he has not pled discrimination in violation of Title VII, RFRA, or the First Amendment.”

The court declined to address Kale’s disability claims as he failed to exhaust his administrative remedies, only asserting discrimination based on religion in his charge with the Equal Employment Opportunity Commission.

To read the opinion in Kale v. Aero Simulation, Inc., click . 

Why it matters: As the plaintiff failed to allege sufficient facts to connect his objection to testing to his specific religious beliefs, the court found that he failed to plead discrimination in violation of either state or federal law.