In December 2021, a former employee, a video editor, sued Lampo Group, LLC, d/b/a Ramsey Solutions, for religious discrimination and retaliation in violation of Title VII and the Tennessee Human Rights Act (THRA), as well as fraud and other crimes under Tennessee state law, after he was allegedly fired for wanting to protect himself against Covid-19.

According to the allegations, the employer began recruiting the plaintiff for a position as a video editor in May 2019. During the interview process, recruiters and managers allegedly made promises concerning the work environment that the plaintiff alleges were false, leading to the fraud allegations.

The plaintiff alleges he accepted the position with the employer and moved from California to Tennessee in August 2019. When the pandemic broke out, the plaintiff alleged the employer became hostile toward him and other employees who wanted to work from home, social distance, wear a mask, or take other protective measures against Covid-19.

The plaintiff alleges the employer's "policy was that prayer was the 'exclusive way to prevent COVID infection,' and that anything else showed a 'weakness of spirit' and was 'against the will of God.'" The plaintiff alleges he and other employees were "mocked and derided" for taking precautionary measures. Leadership at Lampo "express[ed] their belief that [precautionary COVID] measures were not aligned with the religious principles held by Lampo or Ramsey."

The employer fired the plaintiff in July 2020 for a "lack of humility" and for not being "a good fit. The plaintiff alleged he was wrongfully terminated for not adhering to several of the owner's religious beliefs.

In December 2023, the district court granted the defendant's motion to dismiss in full, and the plaintiff appealed.

The Sixth Circuit Court of Appeals affirmed in part and reversed in part the district court's decision.

The Court of Appeals noted that Title VII "preclude[s] employers from discriminating against an employee because . . . the employee fails to comply with the employer's religion."

The court found that appellate courts that have considered such "religious nonconformity claims" agree that the basis for the claim is that an employee's "lack of adherence to the religious beliefs promoted by the [employer] was the genesis of the discrimination."

The Sixth Circuit ruled, therefore, that the plaintiff presented a claim for relief on his religious nonconformity claim, and remanded the case back to district court for trial.

As for the plaintiff's fraud claim, the Sixth Circuit upheld the district court's dismissal because the plaintiff failed to support his fraud claims with the factual particularity required under the law. Amos v. Lampo Group, LLC (Case No. 24-5011, 6th Cir.)(2024).

Commentary and Checklist

Title VII prohibits harassing and/or retaliating against employees for their beliefs or lack of beliefs.

Although successful in the appeal of the original dismissal, the complainant still has the burden to prove that his termination was due to the religious beliefs of the employer and that the termination was based on his refusal to conform.

The employers will likely counter that religion had nothing to do with the complainant's termination and that the complainant was terminated for failing to perform the essential functions of the job because he wanted to work from home.

A pertinent piece of evidence against the complainant is that prior to the pandemic, there appears to have been no dispute between the employer and the employee regarding religion or safety concerns. It will be up to a jury to determine whether the alleged harassment and ultimate termination was based on the employer's religion or on the employee's insistence on working from home during the pandemic.     

Here are best practice tips for avoiding religious discrimination in the workplace:

• Incorporate into your mission that all workplace participants are treated equally, fairly, and respectfully
• Establish policies, procedures, and standards that prohibit discrimination, promote equality, and establish civility, including policies that prohibit discrimination based on religion
• Enforce your organization's policies, procedures, and standards, including those that prohibit discrimination based on religion
• Legally evaluate all new policies, procedures, standards, and duties to make certain they do not have a disparate impact on workers because of their religious practices or beliefs or the absence of same
• Closely scrutinize all physical, emotional, and cognitive testing of applicants, new hires, and existing workers for bias, including bias against applicants and/or workers because of their religious practices or beliefs or the absence of same
• Job qualifications based on religious practices or beliefs or the absence of same should not be permitted or considered unless they are bona-fide occupational qualifications
• Make hiring or selection of workers based on experience, skills, and other objective qualifications necessary for an applicant to perform the essential functions of a position
• Discipline any employee — regardless of title, status, or duties — who engages in, encourages, or promotes discrimination or stereotypes based on religious practices or beliefs or the absence of same
• Make certain all terminations are based on provable and documented objective factors, preferably related to job performance, and not based on subjective, arbitrary, or illegal factors
• Document all actions related to termination or discipline of workers
• Never terminate workers with the purpose of employing workers with certain religious practices or beliefs or those who have none
• Closely evaluate all terminations or layoffs for a disparate impact on workers because of their religious practices or beliefs or the absence of same
• Investigate and evaluate all attempts to transfer opportunities and responsibilities away from workers because of their religious practices or beliefs or the absence of same
• Make certain that new leadership treats existing employees equally, fairly, and legally, including workers with religious practices or beliefs or the absence of same, prior to hire or transfer
• Review how all employment opportunities are distributed to ensure eligible workers with religious practices or beliefs or the absence of same are provided equal opportunities of employment
• Require all management to take discrimination prevention training that includes information on discrimination and harassment based on religion
• Require all workers to take diversity, civility, and equality and inclusion training in a language the trainee can understand
• Clearly communicate the means and process by which workplace participants can report discrimination, including discrimination based on religion
• Provide several safe and effective means for workplace participants to report discrimination
• Allow for a means by which workplace participants can report discrimination anonymously, including discrimination based on religion
• Investigate all reports and reasonable suspicions of discrimination including, discrimination based on religion, in a thorough, prompt, and objective manner
• Prohibit retaliation against workplace participants who report or complain about discrimination based on religion or who are involved in investigations regarding such complaints
• Provide a safe and effective means for workplace participants, who report discrimination based on religion, to report retaliation