Chenzira v. Cincinnati Childrens Hosp. Med. Ctr., No. 1:11-cv-00917 (S.D. Ohio Dec. 27, 2012), highlights a rarely litigated issue in Title VII cases: what constitutes a religious practice or belief. In Chenzira, a customer service representative who worked at an Ohio hospital for more than 10 years was discharged from employment for refusing a flu shot. Sakile Chenzira, a vegan, does not ingest any animal or animal byproducts, and therefore getting vaccinated for the flu, which traditionally has involved inoculating viral strains in fertilized chicken eggs, would violate her religious and philosophical convictions. Chenzira alleged that the hospital had accommodated her request not to be vaccinated for the flu in prior years.
The hospital, via a motion to dismiss, asserted that Chenzira did not state a religious discrimination claim because veganism does not qualify as a religion. The hospital asserted that veganism is simply a dietary preference or social philosophy. Chenzira responded by stating that her practice of veganism is a moral and ethical belief, which is sincerely held with the strength of religious views. Chenzira also cited various Bible verses and provided an essay, The Biblical Basis of Veganism, in her opposition to the motion to dismiss. The hospital contended that the Bible verses were cherry-picked, as the Bible also contains verses indicating that it is permissible to consume animal products.
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