Memphis, TN - Pacific Justice Institute has filed a discrimination lawsuit against St. Jude’s Children’s Research Hospital on behalf of their former employee, Lynn Kizer. Ms. Kizer is a Christian and RN who’d worked in St. Jude’s IT department as part of a team where some colleagues worked from home, as did she during the pandemic. Her job involved no patient contact, so when St. Jude’s instituted a vaccine mandate, she asked to work from home as a religious accommodation. She received notification that she had to take the vaccine or be terminated. Ms. Kizer contacted the Pacific Justice Institute for help.
The Civil Rights Act of 1964 says that an employee facing a condition that conflicts with their sincerely held religious beliefs can communicate that to their employer and the employer must attempt to accommodate their faith unless it would cause a substantial burden on the company’s operation. Failing to do so is religious discrimination. This is the basis of PJI’s filing against the hospital.
PJI wrote to St. Jude’s on Ms. Kizer’s behalf, requesting again that they discuss an accommodation. Though patient contact had never been part of her job, the hospital claimed that it was. Their response included an incorrect hire date and certification date, and when PJI sent another letter, it noted that the hospital had referenced the wrong employee. Their counsel’s hostile response said Ms. Kizer didn’t know her job. She was fired soon after.
PJI has repeatedly sought Ms. Kizer’s reinstatement and back pay, but St. Jude refuses and won’t modify her job or consider her for other open positions. They claim they’re not required to do so, but in
Groff v. DeJoy, the Supreme Court stated that all reasonable religious accommodations must be explored.
St. Jude’s internal process for accommodation requests calls for an interview with the employee’s immediate supervisor, but in Ms. Kizer’s case, a manager located in another building was interviewed: Both the HR Director and that manager claimed in deposition and declaration statements that her supervisor had been unavailable because she’d resigned in early August of 2021. The supervisor provided a statement that she’d still been employed and available until September 7, 2021, 18 days beyond the date on the notification of denial. She further noted that Ms. Kizer could easily have been accommodated, and provided three methods available at that time. Confronted with the supervisor’s declaration, St. Jude admitted that the supervisor had been in their employ until September 7.
Speaking of being fired from her dream job, Lynn Kizer says, “I'd prayed about this and considered a lot of biblical principles. I knew that taking the vaccine was not the right option for me so I applied for the religious accommodation and followed their policy and procedure, but received an email that my request for accommodation had been denied, so I reached out to PJI for help.”
In keeping with its mission, PJI responded immediately. Pacific Justice Institute President Brad Dacus said,
“The facts of this case demonstrate blatant and obvious discrimination of a committed Christian employee with an impeccable job performance. It is a privilege to represent her in this case.”
PJI attorney Ron Hackenberg is representing Ms. Kizer, and said, “I’m probably like many people, thinking St Jude’s were the good guys. But as far as their administrators go, it’s just appalling. They’ve been so callous in discharging Lynn Kizer at 59 years of age, when she could have been accommodated, refusing to even talk to her, and even going as far as filing misleading information with the courts to justify their actions. This is religious discrimination under Title VII. We will continue fighting for justice for Lynn as we have these past two years.”
Feel free to show that you stand with us through a
contribution today!
