Walden v. Centers for Disease Control, et al.

Plaintiff brought this action against defendants, alleging that all defendants violated her free exercise rights under the First Amendment and the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. 2000bb et seq. Plaintiff also alleged that CSC violated her rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The district court granted summary judgment in favor of all defendants on all claims. The court held that plaintiff had not provided evidence that Dr. Chosewood, CDC's Director of Health and Safety, and Ms. Zerbe, the CDC project officer responsible for managing the Employee Assistance Program (EAP) contract, requested her removal from the EAP in retaliation of her free exercise rights. Because plaintiff failed to show that her constitutional right was violated, Dr. Chosewood and Ms. Zerbe were entitled to qualified immunity. The court also held that no reasonable juror could conclude that Dr. Chosewood and Ms. Zerbe's decision was based on plaintiff's religious objections to counseling clients in same-sex relationships, rather than the manner in which plaintiff handled a certain client's referral and their understanding that plaintiff would not alter her behavior in connection with future referrals. Because Dr. Chosewood and Ms. Zerbe did not violate plaintiff's statutory right under RFRA, they were entitled to qualified immunity. The court further held that plaintiff could not assert a Bivens action against CSC; because CSC did not burden plaintiff's religious rights by removing her from the EAP contract or by ultimately terminating her employment, the district court properly granted summary judgment in favor of CSC on her RFRA claim; and the district court properly granted summary judgment on plaintiff's Title VII claim against CSC. Accordingly, the judgment was affirmed. View "Walden v. Centers for Disease Control, et al." on Justia Law