WILLIAMSPORT – A former public library employee in Lewisburg alleges her Christian beliefs were the determinative factor in the library’s decision to terminate her employment, when she sought a religious exemption to its mandatory mask policy during the COVID-19 pandemic.
Davena L. Laverty filed suit in the U.S. District Court for the Middle District of Pennsylvania on Dec. 1 versus The Public Library for Union County. Both parties are of Lewisburg.
“At all times relevant hereto, plaintiff was an employee of the Public Library for Union County. Plaintiff was hired by defendant on or about Jan. 10, 2018. Plaintiff began her full-time employment with defendant as the Children’s Programing Assistant. Plaintiff is a practicing Christian. Plaintiff received benefits in the nature of paid vacation, sick and personal time, paid medical, dental and vision insurance as an employee of the defendant. Without any official mandate from the federal or state government, the defendant notified employees on Aug. 19, 2021, that effective Aug. 23, 2021, staff would be required to wear masks in public areas of the library or within close proximity to another staff member,” the suit says.
“Despite mandating masking of the library staff, the defendant did not require members of the public to mask when on the premises and in fact specifically set forth a policy that patrons of the library who did not conform to the masking policy would be permitted to be on the premises. Following the mandate by the defendant, plaintiff immediately submitted a request for exemption from the masking mandate based upon her ‘strongly held moral, ethical and religious beliefs.”
The suit adds the plaintiff went to work on Aug. 23, 2021, and did not comply with the masking mandate while waiting for a reply to her request for exemption.
“On Aug. 25, 2021, her immediate supervisor, Mary K. Harrison, sent her multiple letters related to her request for religious exemption, first indicating that there would be a meeting between the plaintiff and the author of the letter (Harrison) the same day at 10:30 a.m. Harrison then provided a second letter asking for a written explanation of why wearing protective covering is a religious infraction and cites to U.S. Equal Employment Opportunity Commission policy regarding accommodations of religious beliefs. Finally, Harrison at approximately 4:30 p.m. on Aug. 25, 2021, forwarded a letter purportedly authored by Roberta Green, Director of the Public Library for Union County, demanding a written answer from the plaintiff before she left for the day on Wednesday, Aug. 25, 2021,” the suit states.
“Plaintiff provided a written response within a few minutes of receiving the demand from Green, requesting additional time to provide a full response. On Aug. 26, 2021, Green directed the plaintiff to explain and justify her religious basis for her exemption request and directed her to work from home from Aug. 27, 2021 through Sept. 3, 2021, and if the issue of the requested religious exemption is not resolved, the plaintiff will be required to use her earned vacation time and personal time, but the plaintiff will not be permitted to be on the library premises without complying with the mask mandate.”
From there, on Sept. 1, 2021, the plaintiff requested an accommodation to work in another position, which was recently vacated by a previous employee which would not entail contact with anyone in the library or with patrons – but on Sept. 3, 2021, Green, as a representative of the defendant denied the plaintiff’s religious exemption and denied her requested accommodation.
“Green offered to allow the plaintiff to allow her to reduce her hours from a full-time employee to 15 hours per week, her benefits would remain in place only until the end of September 2021. On Sept. 7, 2021and Sept. 8, 2021, plaintiff worked remotely and at the end of the day on Sept. 8, 2021, without notice, her remote access was denied and her supervisor informed her that her access was removed. On Sept. 9, 2021, she went into the library and specifically asked Green if she was being terminated. After repeated requests for an answer, Green said she was being terminated as a result of her request for religious exemption to the mask policy,” the suit says.
“Plaintiff, believes and therefore avers, that she was fired only as a result of her Christian beliefs related to mask mandate. It is clear from the defendant’s conduct in firing a practicing Christian for allegedly violating her mask policy while not requiring others to wear a mask on the premise constitutes religious discrimination. A substantial, motivating or determinative factor in plaintiff’s termination was her religion.”
For counts of violating the Pennsylvania Human Relations Act, unlawful employment practices, religious discrimination, violating the Fourteenth Amendment to the U.S. Constitution’s Equal Protection Clause and failure to provide reasonable accommodation, the plaintiff is seeking compensatory damages, punitive damages, nominal damages, lost pay and benefits, lost future pay and benefits, attorney’s fees, costs, interest and all other relief which this Court deems proper.
The plaintiff is represented by Gregory A. Stapp of Stapp Law, in Williamsport.
The defendant has not yet retained legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 4:23-cv-01983
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com