Are Vegan Employees Protected by Fair Employment and Housing Act?

Tuesday, March 27, 2012

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Merriam-Webster defines “vegan” as someone who is “a strict vegetarian who consumes no animal food or dairy products,” and “who abstains from using animal products.”

If you are a California-based employee practicing veganism, your belief may not be protected under the Fair Employment and Housing Act (FEHA). According to a California court, veganism is not considered a religious creed under FEHA.

In a particular religious discrimination in the workplace claim, an applicant complained about his employer who asked him to undergo mump’s vaccine. According to the complaint, the applicant turned down the employer’s request because he is a strict vegan. The applicant has alleged that the vaccine is made from chicken’s embryo and undergoing such procedure would violate his beliefs.

The plaintiff made use of FEHA as his basis for the complaint, because he believes that his religious belief was violated with the employer’s employment requisite. However, according to the California Court of Appeals, veganism is not recognized as a religious creed; hence, the plaintiff’s claim may not be compensated.

The Appellate Court also declared that for a belief to be recognized under FEHA, its observances and practices must have a place of importance alongside those of traditionally recognized religious beliefs. Additionally, the Court declared that veganism is limited to the single concern of valuing animal life and not adequately extensive. Lastly, the Court has found out that veganism has no existing formal signs of religion, such as leaders, services, structures, or articles of faith.

A California employee or applicant who believes that he or she was discriminated against because of his or her religious creed may file a complaint with California’s Department of Fair Employment and Housing (DFEH). They can also ask for legal assistance from an attorney who has expert knowledge about California employment laws to legally file a lawsuit against liable party involved.

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