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Loading...Is Veganism a Religion? Court Considers Claim
A federal court in Ohio seems willing to consider the argument that veganism is a religion worthy of legal protections.
The claim comes in the context of a religious accommodation claim brought by a customer service representative at a Cincinnati children’s hospital. The plaintiff was fired after she refused to get a flu shot on the grounds that chicken eggs are used in preparation of flu vaccines and she was a vegan. Therefore, the plaintiff claimed, getting the shot would have violated her beliefs and the hospital was required to find a work-around to such beliefs rather than fire her.
Not surprisingly, the hospital moved to dismiss her lawsuit for failure to state a claim for which relief may be granted arguing there is no religious accommodation necessary here since veganism is not a religion.
But the court at least initially disagreed. In refusing to dismiss the case, the judge said that it was possible that the plaintiff’s veganism could be a “moral or ethical belief” adhered to with the force of a religious belief. The Equal Employment Opportunity Commission has said it will treat such beliefs as entitled to reasonable accommodation under Title VII even if they are not per se “religions” in the traditional sense. Additionally, in support of her claim, the plaintiff submitted some material indicating a “Biblical basis for veganism,” to push her contention that her veganism was “religious” in nature or at least held with the same strength as a religious belief.
Even though the court was sympathetic to the plaintiffs claims, the court recognized that the hospital may still be able to prove that it had legitimate patient-safety reasons for insisting that the plaintiff receive a flu shot. However, since the hospital filed this motion so early in the process, the court could not rule on that issue yet.
While the court allowed the plaintiff’s claim that her veganism was a religion worthy of employment accommodation, it did not specifically rule veganism was a religion. Instead, it simply held it was a claim it was willing to consider and wouldn’t dismiss the plaintiff’s case just yet. Also, because this was a preliminary motion, it is possible that the hospital will later be able to present evidence that the employee’s veganism was not, in fact, a “religious” belief, or not sincerely held in defense of their actions to terminate the employee.
What do you think? Should veganism be considered a belief akin to religion and therefore be protected by civil rights laws? And what about the hospital’s claim that refusing the flu shot put patients at risk? Should employees who do not believe in, or get vaccinations, for whatever the reason, be allowed to work in places like hospitals? What should happen when these beliefs come into conflict?
Related Reading:
5 Reasons Why Meat Eating Can’t Be Considered A Personal Choice
Read more: employment discrimination, religious accommodation, religious discrimination, veganism
Photo from walknboston via flickr.
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KILL KILL KILL that is the only answer man has to anything
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L&P I agree with your vision for a better world, EXCEPT FOR its lack of a critical aspect: Compassion…
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+ add your own@'Great White' : "than why are the people living in The USA, live shorter and unhealthier lives than places (like some Western European Democratic Socialist Countries"
Duh. Because they have BETTER and MORE health care than Americans.
You can't prove a negative; attempting to prove that vaccinations are the cause of shorter lifespan in America doesn't fly. For one thing, lifespan is greater in America for those that CAN afford healthcare.
Veganism should be treated like a religion becuase a huge part of being vegan is ethical. It's not a diet, it's a lifestyle. I am vegan and proud of it.
No, just don't read them.
Members,
Are there a feature or another way to select to not see other members' posts??
btw....whooping cough is making a return too......because people are choosing not to vaccinate their kids....and now they suspect that the bacteria that causes it is resistant to the vaccine that exists. It's highly contagious and reappearing with a vengeance.
The overuse of antibiotics in the factory farmed meat and by prescribing doctors is creating entirely new species of resistant bacteria that are killing many people.
It has to stop.
Great white...the fact that the numbers of people with polio decreased so dramatically during the 50s speaks highly of the vaccine against it. I grew up with many friends who had to wear leg braces for life because of polio, and you don't see that now.
Tuberculosis is still around in places where it is not vaccinated against, and it is making a comeback here now that people can travel so freely and many are opting not to be vaccinated.
In the 50s, Small pox nearly vanished in our part of the world too because of the massive vaccination program.
You can't credit playing outside or eating a vegan diet or having financial security for any of that....and you can't blame the government for inequality because it has nothing to do with it.
It seems to me that you have a personal vendetta and agenda.
Just do some research.
You seem to be very out of touch with current reality and it is not necessary to write in caps. It tends to make me stop reading when all you do is shout disconnected words and not even try to form coherent sentences with them.
And flat out lying is NOT!!!
Diane L.,
You lost all creditability, when you lied about what is in my posts and that the beginning of her post was for other's benefits. Do you stupid enough to think that other members reading these comments could just simply go to our posts and read the truth!?!?! Heck, they could just read them from their E-Mail, if they subscribed to this article's comments!!
Last post to you, I am blocking you are a waste of time!
MarilynBusy F.,
Explain to me if all the vaccinations done (in The USA) work; than why are the people living in The USA, live shorter and unhealthier lives than places (like some Western European Democratic Socialist Countries, Southeast Asia, Japan, Italy and the general area & Etc.) that have a lot less vaccinations???? Not only that why has this been true, since 1980s????
You cannot say the movement against all the new increases in vaccinations and not getting vaccinated are the reasons. They have only been around for little while and in any real numbers very recently.
The answer is because it is a lot more to it than just what scientist can create in a lab.
MarilynBusy F.,
AGAIN PROVIDE PROOF THAT ALL THE REQUIRED VACCINATIONS PREVENTED WHAT THEY ARE SUPPOSED OR DO IT BETTER THAN
"Along many other things like, National & Single Payer Health Care, Sick Days (GREAT POINT BY YOU; BUT THEY ARE LIKE TAKING HUGE CHANCE, THAT YOUR EMPLOYER MIGHT FIRE YOU FOR TAKING THEM), Eliminating Resources (ESPECIALLY BEST FOOD AVAILABLE & PRACTICING THE BEST ONE CAN THE EITHER VEGANISM OR AS CLOSE AS POSSIBLE, ABILITY TO GO OUTSIDE, PARENTS CAN AFFORD TO BE HOME WITH THEIR KIDS, FINANCIAL SECURITY, MONEY & ETC.) Inequality & Living Inequality of All People In A Country!! The USA FAILS AT ALL OF THESE & MORE!!!
Read more: http://www.care2.com/causes/is-veganism-a-religion-court-considers-claim.html#ixzz2M46bWzT6"
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