?Takeaway: An employee who has been fired may attempt to challenge the dismissal under one or more anti-discrimination laws. However, the worker is required to provide enough evidence in support of the claim to merit a court’s review—a simple allegation of wrongdoing is not enough. An employer’s best defense is to have clear workplace policies in place, document that a termination was done in accordance with those policies and show that it has applied such policies consistently.
?The 6th U.S. Circuit Court of Appeals upheld a lower court’s dismissal of two employees’ religious discrimination claim, finding that the facts did not support any plausible inference that the employees had been fired for practicing their Christian beliefs.
The employer, Amedisys, provides in-home services for health, hospice, personal and palliative care. It hired the two defendants in 2019 to provide skilled nursing care to the employer’s clients. In 2020, in compliance with state COVID-19 directives and guidance, the employer instituted a series of safety precautions to protect its employees and its Medicare and Medicaid patients from exposures, including limiting gatherings.
In December 2020, the defendants hosted a Christmas party at one of their homes, which many of their co-workers attended. When the employer heard about the party, it terminated the two employees on Dec. 31 for exercising poor judgment, saying that they placed other employees at risk of exposure to COVID-19 and placed vulnerable patients’ safety in jeopardy. The employer did not fire any of the co-workers who attended the party.
In response, in 2021, the employees filed a claim alleging religious discrimination arising from their termination. They alleged that they had been fired on the basis of their Christian religious beliefs, which they expressed by celebrating Christmas with Christmas parties.
The federal district court granted the employers motion to dismiss all claims on the grounds that the employees failed to state a claim upon which relief may be granted. The employees then appealed.
In reviewing the lower court’s dismissal, the 6th Circuit noted that to avoid dismissal for failure to state a claim, the employees must plead sufficient “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged”—in this case, that the employer discriminated against them on the basis of their religion.
The employees claimed they were fired for hosting a Christmas party, but also stated that they were the only employees terminated even though several other employees also attended. “This factual allegation undermines the plaintiffs’ assertion that religion was a motivating factor in Amedisys’ decision to terminate their employment,” the appeals court said.
Because the evidence of the complaint did not support a plausible inference that the employer discriminated against the employees with respect to the terms, condition or privileges of their employment because of their religion, the court ruled that the district court had properly dismissed the case.
Dahlquist v. Amedisys Inc., 6th Cir., No. 22-5154 (Oct. 7, 2022).
Robert S. Teachout, SHRM-SCP, works in the Washington D.C., area and is a legal editor for XpertHR, a service helping HR build successful and purposeful workplaces.
