PITTSBURGH – An Ohio healthcare group has removed litigation claiming it discriminated against the religious beliefs of one of its physical therapists by refusing to extend her an exemption from receiving the COVID-19 vaccine before firing her, to federal court.
Jamie Petrel of Burgettstown filed suit in the Allegheny County Court of Common Pleas on April 2 versus Saber Healthcare Holdings, LLC (doing business as “Saber Healthcare Group, LLC”), of Beachwood, Ohio.
“Plaintiff identifies as a Christian woman with strongly-held religious beliefs. On or around April 2021, plaintiff obtained employment with Saber Healthcare as a physical therapist. At all times relevant to this time, plaintiff was fully capable and able to perform the duties of her employment. Due to plaintiff’s sincerely-held religious beliefs, plaintiff strongly opposed receiving the COVID-19 vaccine from any manufacturer. Plaintiff’s religious beliefs required her to refuse any aid or use of any medicine or treatment that was researched or resulted from the usage of fetal stem-cells,” the suit states.
“Plaintiff opposed receiving the COVID-19 vaccine as research indicated that all of the vaccines were potentially the result of and/or product of fetal stem-cells research or usage. In addition, plaintiff’s sincerely-held religious beliefs prohibited her from injecting anything into her body that contains toxic substances and involves the destruction of innocent human life. On or around Nov. 5, 2021, plaintiff’s employer notified her that she was required to provide a proof of COVID-19 vaccination to remain employed by Saber Healthcare by Dec. 5, 2021. On Nov. 23, 2021, plaintiff requested a religious exemption based upon her sincerely-held religious beliefs. On or around Nov. 24, 2021, Saber Healthcare denied plaintiff requested religious exemption.”
The suit continues that subsequent to that denial, the plaintiff appealed the decision and re-submitted a request for a religious exemption on Nov. 29, 2021.
“This request was ignored by Saber Healthcare, and plaintiff never received a response concerning this requested accommodation. On or around Jan. 25, 2022, plaintiff was informed by Saber Healthcare that she either had to be vaccinated or she would be terminated by Feb. 27, 2022. On or around Feb. 25, 2022, Saber Healthcare terminated her employment as she continued to practice her religion by not receiving the COVID-19 vaccine. Plaintiff believes and therefore avers that defendant discriminated against her on the basis of her religion, Christianity,” the suit says.
“Plaintiff believes and therefore avers that Saber Healthcare failed to provide proper and due consideration to her religious exemption. Upon information and belief, plaintiff avers that other employees who were not members of her protected class/religion were not similarly disciplined by Saber Healthcare. Plaintiff believes and therefore avers that her termination was in retaliation for asserting her religious beliefs and requesting a religious exemption. Therefore, plaintiff believes and therefore avers she was discriminated against, and retaliated against on the basis of her religion.”
The suit also provides that the plaintiff timely filed a complaint with the Pennsylvania Human Relations Commission, alleging unlawful discrimination on account of her religion and retaliation.
Furthermore, the plaintiff dual-filed her complaint of discrimination with the Equal Employment Opportunity Commission, prior to being denied a preliminary hearing with the PHRC on Dec. 5, 2023, but receiving a right-to-sue letter from the EEOC, and this action was commenced within the 90-day deadline set forth by that letter.
UPDATE
The defendant removed the action to the U.S. District Court for the Western District of Pennsylvania on May 23, citing the federal laws named in the counts of action.
“In her complaint, plaintiff asserts the following causes of action against defendant: a) Count I: Religious Discrimination under Title VII of the Civil Rights Act of 1964; b) Count II: Retaliation under Title VII of the Civil Rights Act of 1964; and c) Count III: Discrimination under the Pennsylvania Human Relations Act. Plaintiff’s causes of action arising under Title VII provide this Court with federal question jurisdiction over the matter. Additionally, as pleaded, all of plaintiff’s claims derive from a ‘common nucleus of operative fact’ related to her employment with defendant,” the removal notice said.
“Plaintiff’s claims depend on the same alleged termination thus she ‘would ordinarily be expected to try them all in one judicial proceeding.’ For these reasons, plaintiff’s federal and state law claims form part of the same case or controversy so that this Court may exercise pendent jurisdiction over plaintiff’s supplemental claims under Pennsylvania law.”
For counts of violating Title VII of the Civil Rights Act of 1964 through religious discrimination and retaliation, violating the Pennsylvania Human Relations Act through discrimination and tortious interference with bodily integrity, the plaintiff is seeking damages in excess of $50,000, exclusive of interest or costs in an amount to be determined by the jury.
The plaintiff is represented by David M. Kobylinski and Peter T. Kobylinski of Praetorian Law Group, in Pittsburgh.
The defendant is represented by Laura C. Bunting and Jessica K. Albert of Jackson Lewis, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:24-cv-00765
Allegheny County Court of Common Pleas case GD-24-003700
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com