A hospital employee in Cincinnati refused the hospital’s request that she receive a flu vaccination. Consequently, the hospital fired her. The employee asserted she could not receive the flu vaccine, grown in chicken eggs, because it violated her religious and philosophical beliefs as a vegan – vegans do not ingest any animal product.
A federal Court in Ohio ruled that she may have a plausible religious discrimination claim under federal law (Title VII) and Ohio state law, if her veganism was based on a sincerely held moral/ethical belief on what is right and wrong, with the strength of a religious conviction. Sounds far-fetched, but in case anyone had any doubt, this reinforces that employment laws are construed broadly in favor of employees.
So, would New Jersey’s Law Against Discrimination (LAD) cover a vegan under its provisions against religious discrimination? Since the LAD is one of the most broadly construed state anti-discrimination laws in our nation, I would venture to guess that the answer is, at least in some circumstances: Yes, it probably could!
* Image courtesy of nixxphotography / FreeDigitalPhotos.net