Allegheny Cnty. Dep’t of Health v. Wilkerson, 2024 Pa. Commw. LEXIS 263 (Pa. Commonwealth Court, December 19, 2024) (Wallace, J.)
The Allegheny County Department of Health petition for review of an Order of the State Civil Service Commission which instated the appeal of employee Wilkerson and overruled the department’s action of terminating her from employment. The employee refused vaccination based upon religious grounds. At the time in question the employee was not required to interact with the public. Accommodating the employee would have imposed little burden. The Commonwealth concluded the Commission did not commit an error of law in concluding that the employee presented a prima facie case of religious discrimination. The Commission did not err when it held that the Department failed to carry its burden of showing that it made good faith effort to reasonably accommodate the employees religious beliefs or that such an accommodation would result in an undo hardship due to the Department. Consequently the department violated Section 2704 of the Act Prohibition of Religious Discrimination for terminating her employment.
OPINION BY JUDGE WALLACE
The Allegheny County (County) Department of Health (Department) petitions for review of the February 16, 2023 order of the State Civil Service Commission (Commission), which sustained the appeal of Aja L. Wilkerson (Employee), overruled the Department’s action of terminating Employee from her employment, and required the Department to return Employee to her position, expunge all records of her removal, and provide Employee with back pay. The Department argues the Commission erred in concluding Employee presented evidence establishing religious discrimination and the Department failed to present evidence establishing just cause for removal. Upon review, we affirm.
In 2001, the Department employed Employee as a Public Health Administrator 1.1 Reproduced Record (R.R.) at 119. On August 30, 2021, County’s Human Resources (HR) Manager, Christopher Cavendish (County HR Manager), emailed the County’s employees who had not received the COVID-19 vaccine (including Employee) to inform them the County was immediately requiring its unvaccinated employees to wear face masks and receive weekly COVID-19 testing. Id. at 290-91. Employee responded to County HR Manager and declared she was declining the vaccine and weekly testing because of her religious beliefs. Id. at 291. In response, County HR Manager explained to Employee he did not believe a medical or religious exemption applied to the testing requirement, so the County would still require Employee to be tested weekly until she was fully vaccinated. Id. Employee reiterated she would never be fully vaccinated because of her spiritual beliefs, and she was again declining weekly testing unless she experienced symptoms or had known exposure to someone who tested positive for COVID. Id. at 292. County HR Manager then notified Employee that if she declined the weekly testing, she could receive disciplinary action, up to and including suspension and termination. Id. at 291-92. Employee again declined the testing and submitted a request for a religious exemption.
For the reasons set forth above, we conclude the Commission did not commit an error of law in concluding Employee presented a prima facie case of religious discrimination. Also, the Commission did not err when it held the Department failed to carry its burden of showing it either made a good-faith effort to reasonably accommodate Employee’s religious beliefs or that such an accommodation would result in an undue hardship to the Department. Consequently, Employee established the Department violated Section 2704 of the Act’s prohibition on religious discrimination when it terminated her employment. Accordingly, we affirm the Commission’s order sustaining Employee’s appeal. STACY WALLACE, Judge.
