Bowie
Bowie v. Kaiser Foundation Health Plan Inc.
Opinion
Trial Court Opinion
facts, the record, and the arguments made by the parties. 1. A plaintiff asserting failure to accommodate claim under Title VII and the FEHA must allege (and eventually prove) that “(1) he had a bona fide religious belief, the practice of which conflicts with an employment duty; (2) he informed his employer of the belief and conflict; and (3) the employer discharged, threatened, or otherwise subjected him to an adverse employment action because of his inability to fulfill the job requirement.” Peterson v. Hewlett-Packard Co., 358 F.3d 599, 606 (9th Cir. 2004); see Weiss v. Permanente Medical Group, Inc., No. 23-cv- 03490, 2023 WL 8420974, at *2 (N.D. Cal. Dec. 4, 2023). The allegations in the complaint and the materials incorporated by reference make clear that Bowie failed to adequately inform Kaiser of his religious belief and explain how it conflicted with the COVID-19 vaccine mandate. Bowie told Kaiser he wanted an exemption because, as a Christian, he believes his “body is the temple of the Holy Spirit” and what he puts into his body is between him and God. Strauss Decl., Ex. A. But he never explained to Kaiser why his belief conflicts with either receiving vaccines in…