Nursing home aide can proceed with federal religious discrimination claim, judge rules

Share this article:

A nursing home activities aide allegedly fired over refusing to pray the rosary with a Catholic resident can proceed with a religious discrimination claim, a federal district court ruled this week.

The activities aide worked in Woodland Village Nursing Home Center in Diamondhead, MS, until September 2009. She refused to pray the rosary with a Catholic resident during an unscheduled shift, according to court records. The following week, she was fired.

According to court records, the supervisor told her “it doesn't matter if its [sic] against your religion, if you refuse it's insubordination.”

Woodland Village sought summary judgment on the plaintiff's claim, and said that she had four previous write-ups. The U.S. District Court, Southern District of Mississippi denied the nursing home's request on Sept. 4.

District Judge Halil Suleyman Ozerden wrote, “even though Plaintiff has failed to specify her religious affiliation or beliefs, she attests that her personal beliefs differ from what Woodland Village required in performing a rosary, and it was for this reason that she was fired. The Court finds that the record evidence is sufficient to create material fact questions with regard to these issues.”

Woodland and the plaintiff's attorney did not immediately return calls for comment.  

Share this article:

More in News

CDC issues new guidelines on pneumococcal vaccine, says LTC flu vaccination rates remain low

CDC issues new guidelines on pneumococcal vaccine, says ...

Long-term care workers continued to have low rates of flu vaccination last season, despite there being 92% vaccination coverage overall among physicians and nurses, the Centers for Disease Control and ...

AL operators accused of withholding $2M in unpaid overtime, minimum wages ...

Four California assisted living operators are facing eight felony charges related to wage theft, tax and insurance violations, according to local reports.

Three states to examine risk, reform in Medicaid project

Alabama, Washington and Nevada are participating in a yearlong Medicaid project that could help share risk between states and the federal government, the National Governors Association said this week.