Second Circuit – Failure to accommodate religion: Bergin v. N.Y. Unified Court System

United States Court of Appeals for the Second Circuit

Failure to accommodate religion — COVID-19 — Proper standard

Bergin v. N.Y. Unified Court System

25-721

Judges Raggi, Nathan, and Furman

Background: The plaintiff was terminated for failing to comply with COVID-19 vaccination requirements after her employer denied her request for a religious exemption. Partial summary judgment was granted to her on the ground that there was no genuine dispute that she had made a prima facie case of religious discrimination. On appeal, the employer argues that failed to modify the prima facie test for failure-to-accommodate-religion claims.

Ruling: The Second Circuit vacated and remanded. The court held that EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. 768 (2015) abrogated earlier Title VII precedents and that the district court improperly deemed statements in the discovery record to be judicial admissions.

Steven M. Warshawsky, of The Warshawsky Law Firm, for the plaintiff-appellee; Michael J. Siudzinski, of NYS Office of Court Administration, for the appellant.

Oral argument audio