Former Nursing Home Worker’s Religious Discrimination Lawsuit Revived
A Colorado woman fired from a nursing home after refusing the COVID-19 vaccine on religious grounds will have another chance to pursue her case. A federal appeals court recently overturned part of the dismissal, allowing Diann Bolonchuk’s claim under Title VII of the Civil Rights Act to move forward.
Bolonchuk, an 18-year employee of Cherry Creek Nursing Center in Aurora, CO, was let go in October 2021 after requesting a religious exemption from the facility’s COVID-19 vaccination mandate. She argued that her evangelical Christian beliefs prevented her from receiving the vaccine due to the presence of fetal cell lines in its development, a common ingredient also used in other vaccines.
Initially, a lower court dismissed her lawsuit, citing the First Amendment as grounds for dismissal. However, the US 10th Circuit Court of Appeals, in a 3-0 decision, reversed part of the ruling, stating that the dismissal of her Title VII claim was incorrect.
The appeals court ruling, penned by Circuit Judge Joel M. Carson III, stated: "We affirm the dismissal of the First Amendment claim but reverse the dismissal of the Title VII claim and remand for further proceedings."
Legal experts anticipate that the court’s decision will provide needed clarity for nursing home operators navigating the complex issue of religious exemptions in a post-pandemic world.
"Nursing home providers should embrace the portion of the opinion finding that a private company is not a state actor simply because it operates under government regulation in upholding the dismissal of the First Amendment claim," explained attorney Craig Conley, speaking to McKnight’s Long-Term Care News.
Conley continued, "The same holds true in relation to the court’s opinion that Title VII does not make the First Amendment directly applicable to a private actor. This should provide providers some solace in relation to potential constitutional claims."
The question of religious exemptions against COVID-19 vaccination mandates has become increasingly prevalent in the healthcare sector.
Many healthcare workers have filed lawsuits against employers seeking exemption based on religious beliefs.
For instance, in August 2021, Liberty Council, a national religious legal organization, filed a lawsuit on behalf of nine healthcare workers against long-term care facilities in Maine, the state’s governor, and other officials. The lawsuit challenged a state mandate requiring all healthcare workers to be vaccinated against COVID-19.
Simultaneously, in December 2021, the US Supreme Court ruled that New York could proceed with its COVID-19 vaccine mandate for nursing home employees and other healthcare workers, but also opened the door for religious exemptions.
Bolonchuk’s original lawsuit, filed under Title VII of the Civil Rights Act of 1964, argued that by terminating her employment, Cherry Creek Nursing Center discriminated against her based on her sincerely held religious beliefs.
In her original motion, she sought $815,575 in damages.
This case highlights a growing legal battleground where employee rights and employer mandates intersect, highlighting the need for clear legal guidelines and understanding.
Can nursing homes deny religious exemptions for COVID-19 vaccine mandates under Title VII of the Civil Rights Act?
## Interview: Religious Discrimination Case Provides Clarity for Nursing Homes
**Host:** Welcome back to the show. Today, we are discussing a recent appeals court decision that has significant implications for nursing homes and religious exemptions. Joining me to discuss this case is legal expert Professor Sarah Jones. Professor Jones, can you give us a rundown of the case and what the court decided?
**Professor Jones:** Certainly. This case involves Diann Bolonchuk, a woman in Colorado who worked at Cherry Creek Nursing Center for 18 years. When the nursing home implemented a COVID-19 vaccine mandate, Ms. Bolonchuk requested a religious exemption based on her evangelical Christian beliefs. The nursing home denied her request and she was subsequently fired.
**Host:** And this led to a lawsuit?
**Professor Jones:** Yes, Ms. Bolonchuk sued the nursing home, claiming both violation of her First Amendment rights and discrimination under Title VII of the Civil Rights Act. A lower court dismissed her case, but the 10th Circuit Court of Appeals overturned part of that decision.
**Host:** What specifically did the appeals court overturn?
**Professor Jones:** The appeals court ruled that the dismissal of Ms. Bolonchuk’s Title VII claim was incorrect and sent that part of the case back to the lower court for further proceedings. They affirmed the dismissal of the First Amendment claim.
**Host:** So, what does this mean for nursing homes moving forward?
**Professor Jones:** This decision provides much-needed clarity for nursing homes grappling with religious exemption requests. Even though the First Amendment claim was dismissed, the Title VII claim being reinstated shows that courts will carefully consider religious discrimination claims in this context. Nursing homes need to have clear policies and procedures for handling religious exemptions, and they must be able to justify any denials in a way that doesn’t violate the law.
**Host:** Any final thoughts for our viewers who may be facing similar situations?
**Professor Jones:** For employees seeking religious exemptions, it’s important to document your request and the reasons behind it clearly. Keep records of all communications with your employer regarding the request. If your exemption is denied, you may want to consult with an attorney to understand your legal options.
**Host:** Professor Jones, thank you so much for sharing your expertise on this important issue.
**[This interview is based on the provided information and does not reflect real legal advice.]**