First Circuit Ruling Highlights Ongoing COVID-19 Religious Discrimination Issues

Quick Hits

• On January 29, 2026, the First Circuit reversed the dismissal of plaintiffs’ religious discrimination and retaliation claims arising from their employer’s COVID-19 vaccination policy.
• In doing so, the First Circuit made clear that “my-body-is-my-temple arguments rooted in a plaintiff’s religious beliefs are sufficient to plead the existence of a bona fide religious belief.”
• Additionally, although the employees resigned their employment, the court concluded that allegations regarding the investigation of one plaintiff’s alleged failure to wear a mask at an employer-sponsored event and another plaintiff’s removal from eligibility for promotions could, if proven, constitute adverse employment actions.

Background

Two former employees filed suit against their former employer alleging claims of religious discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and Rhode Island state law. Both employees requested exemptions from the company’s COVID-19 vaccination policy based on their religious beliefs. After the employer denied their exemption requests, the employees ultimately resigned from their positions.

The district court dismissed plaintiffs’ claims on three grounds. First, the court held that the plaintiffs’ exemption requests “were not based on religion.” Second, the court found that the plaintiffs failed to plead an adverse employment action. Third, with respect to one plaintiff, the court concluded that the complaint failed to allege a causal nexus between an adverse employment action and the decision to remain unvaccinated.

The First Circuit’s Analysis

In reversing the district court’s decision, the First Circuit expressly reaffirmed its prior holdings regarding what constitutes a sincerely held religious belief under Title VII and Rhode Island state law, which it analyzed together with the employees’ federal claims. The court reiterated that “my-body-is-my-temple arguments rooted in a plaintiff’s religious beliefs are sufficient to plead the existence of a bona fide religious belief for purposes of Title VII.” In doing so, the court demonstrated its continued reluctance to evaluate the veracity of an individual’s professed beliefs.

The First Circuit also considered whether the plaintiffs sufficiently alleged adverse employment actions. The plaintiffs’ allegations included that: they received warnings based on alleged violations of company policy that occurred months earlier; these warnings precluded advancement within the company, including one plaintiff becoming disqualified from a previously promised promotion; assignment to events requiring vaccination; removal from internal organizational charts while on leave; dissemination of the plaintiffs’ medical information to coworkers; and the company’s practice of reviewing the plaintiffs’ vacation requests.

The First Circuit acknowledged that certain of these allegations, standing alone, might constitute mere “petty slights” insufficient to support a Title VII claim. Nevertheless, the court found that other allegations—particularly the investigations of one plaintiff’s failure to wear masks at a charity event and subsequent removal of another plaintiff from eligibility for promotions—were sufficient to survive dismissal.

The Takeaway

COVID-19 policy cases are still winding their way through the courts. As they are adjudicated, they offer important lessons for employers in considering religious accommodation requests from their employees outside of the COVID-19 context.

Ogletree Deakins’ Employment Law Practice Group will continue to monitor developments and will post updates on the Employment Law, Healthcare, and State Developments blogs as additional information becomes available.

In addition, information on religious accommodation laws is available on the Ogletree Deakins Client Portal. Snapshots and updates are available for all registered client users. Premium and Advanced subscribers have access to the full state and federal Religious Accommodation Law Summaries, as well as a step-by-step guide on handling Religious Accommodation Requests and related templates. For more information on the Client Portal or a Client Portal subscription, please reach out to clientportal@ogletree.com.

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