Steven F. O’Hara v. Daniel P. Driscoll

Summary

The United States District Court for the Eastern District of Kentucky granted the defendant’s Rule 12(b)(6) motion to dismiss a federal employee’s Title VII claims arising from COVID-19 vaccination-related policies. The court held that the plaintiff did not plausibly allege that the challenged treatment was based on his Roman Catholic religious beliefs rather than his vaccination status, and that he failed to adequately plead hostile work environment, religious harassment, disparate treatment, or failure-to-accommodate claims. The case was stricken from the active docket, with judgment to be entered for the defendant.

Holdings

1. The complaint failed to plausibly allege that Plaintiff experienced a hostile work environment or religious harassment because of his religion. The allegations described treatment based on vaccination status and did not plausibly connect the challenged conduct to Plaintiff’s Roman Catholic beliefs.
2. The complaint failed to plausibly allege disparate-treatment religious discrimination under Title VII because it did not identify facts from which discrimination because of religion could reasonably be inferred.
3. The complaint failed to plausibly allege a Title VII failure-to-accommodate claim because Plaintiff did not allege that he was discharged or subjected to a cognizable adverse employment action for failing to comply with a job-related requirement rather than receiving a reasonable religious accommodation.

Questions Presented

1. Whether Plaintiff plausibly alleged a Title VII hostile work environment or religious workplace harassment claim based on his treatment as an unvaccinated employee.
2. Whether Plaintiff plausibly alleged a Title VII disparate-treatment or failure-to-accommodate religious discrimination claim.
3. Whether the complaint stated a claim under Federal Rule of Civil Procedure 12(b)(6).

Disposition

dismissed