Diann Bolonchuk sued her former employer, Cherry Creek Nursing Center/Nexion Health, in the United States District Court for the District of Colorado, raising claims of religious discrimination under Title VII and the First Amendment after she was terminated for refusing to comply with a COVID-19 vaccine mandate. Before the court is an appeal of the district court’s dismissal of both claims under Federal Rule of Civil Procedure 12(b)(6).
Statement of Undisputed Facts
Bolonchuk worked at Cherry Creek Nursing Center during the COVID-19 pandemic, initially testing for COVID before entering the facility. On August 30, 2021, the Colorado Board of Health adopted an emergency rule requiring certain healthcare employees to receive their first COVID-19 vaccine dose by September 30, 2021, and to be fully vaccinated by October 31, 2021. Bolonchuk had religious objections to the vaccine and requested a religious accommodation to continue testing rather than being vaccinated. Nexion denied her request, stating it would place an undue burden on the facility due to safety concerns, and terminated her employment effective October 1, 2021.
Legal Analysis
Title VII Religious Discrimination: The court found that Bolonchuk adequately stated a Title VII claim by alleging she had a religious objection to vaccination, notified her employer, and was terminated for failing to comply. The court rejected the district court’s conclusion that accommodating Bolonchuk would necessarily violate state law, noting that the vaccine mandate explicitly contemplated religious exemptions. The court determined that whether accommodation would cause undue hardship required factual development beyond the pleading stage.
First Amendment Claim: The court found that Bolonchuk failed to establish Nexion was a state actor subject to First Amendment constraints. The court rejected arguments that compliance with government regulation or Title VII made private entities state actors.
The court affirmed dismissal of the First Amendment claim but reversed dismissal of the Title VII claim and remanded for further proceedings.
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