Ms. Nelli Parisenkova is a devout Christian woman who has worked in the child-care and teaching field industry for a number of years. Beginning in April of 2018 (roughly the past four years), Parisenkova had been employed with the Bright Horizons Children’s Center in Studio City, California, caring for young children between the ages of one to five. Her duties ranged from providing for the everyday physical needs of children like feeding, diaper changes, and putting them to sleep, to things like documenting developmental progress and communicating to parents, providing stimulating age-appropriate educational activities in the areas of literacy, along with sensory activities and fine motor skills. One of the tasks among these numerous job requirements specifically involved reading books to children. Similarly to many other Christians, Parisenkova strongly believes that marriage is a sacred covenant that is instituted by God to signify a lifelong union between a man and a woman. The room at Bright Horizons where Parisenkova worked has children’s books on the shelf that promote and celebrate same-sex relationships and marriage, but Ms. Parisenkova’s strong religious beliefs indicate that it would be sinful for her to personally promote any messages that are contrary to her beliefs regarding the sacred covenant of marriage. This would include any messages surrounding the promotion of sexual experimentation before marriage, same-sex marriage, and polyamorous relationships or polygamous marriages. So, when Ms. Parisenkova first started working for Bright Horizons, her supervisor at the time provided her with a kind of informal accommodation stating that she would not have to read the books that promote same-sex marriage to the children.
Four years later, in April 2022, the director of Bright Horizons’ Studio City location where Parisenkova worked, Katy Callas, learned of her religious beliefs and reported Parisenkova to the human resource department for violating company policy requiring all staff to celebrate and promote “diversity,” including same-sex marriage. Ms. Callas, identifying as a lesbian herself, took obvious personal offense towards Ms. Parisenkova’s religious beliefs as well as her direct disobeying of the company’s vision. Ms. Callas essentially told Ms. Parisenkova that if she did not want to celebrate and respect diversity, this is not the place for her. Parisenkova now formally asked for a religious accommodation so that she could be allowed to return to work. Her request was denied.
The salient issue at stake is whether or not Ms. Parisenkova is being discriminated against because of her religious beliefs. The lawsuit specifically outlines how Bright Horizons made no attempts to determine if a reasonable accommodation could be reached. Ms. Parisenkova could not return to work without an accommodation, so, Bright Horizons terminated her employment. An important aspect of this case lies within the acknowledgement of the Civil Rights Act of 1964. This act protects employees and job applicants from employment discrimination on the basis of race, color, religion, sex and national origin. According to Title VII of the Civil Rights Act, employers are required “to reasonably accommodate employees whose sincerely held religious beliefs, practices or observances conflict with work requirements, unless the accommodation would create an undue hardship.” Undue hardship refers to if it is costly, compromises safety within the workplace, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.
This is an extremely difficult case, but I am inclined to side with Ms. Parisenkova. Bright Horizons supposedly prides itself on being a center that promotes diversity, equity, and inclusion, however, a commitment to "diversity" is a commitment to respecting differences among people, and how can they claim this if they are not willing to tolerate differences in religious views surrounding marriage. Ms. Parisenkova has no personal objection to working with individuals who engage in this kind of lifestyle and insists that she “treats all people with respect and love regardless of their lifestyle choices, and teaches children to also treat all people with respect and love,” however, she maintains that she cannot personally engage in acts that promote such lifestyles.
Ms. Parisenkova has been a loyal worker at Bright Horizons for the past four years with no complaints. She deeply cares about these children and even though a certain lifestyle is in direct contrast to Ms. Parisenkova’s religious beliefs, she has never actively engaged in or displayed any negative messages regarding same-sex relationships. Furthermore, it isn’t like there aren’t other staff members who could read these books to the children. All Ms. Parisenkova wanted was to be excused from having to read books that promote same-sex relationships because they conflict with her strongly held religious beliefs. In accordance with Title VII of the Civil Rights Act of 1964, granting Ms. Parisenkova an accommodation, similar to the one she previously had, would not create any undue hardship. By withholding this reasonable accommodation and ultimately terminating Ms. Parisenkova, this is an obvious demonstration of religious discrimination.
6 comments:
This case is an extremely interesting and tricky one. In regards to Ms. Parisenkova's religious rights, her free exercise, was not infringed upon during her time working at Bright Horizons as she was granted an informal exemption and therefore never found herself being forced to read books that contradicted her religious beliefs. When she was not granted a formal exemption and was fired she was discriminated against on the basis of her religion, which does contradict the Civil Rights Act of 1964 and employers being responsible “to reasonably accommodate employees whose sincerely held religious beliefs, practices or observances conflict with work requirements, unless the accommodation would create an undue hardship.” Being discriminated against on the basis of religion however, does not correlate with free exercise and the establishment of religion clauses in my opinion. Bright Horizons is in no way establishing religion in their programs, but are instead promoting values that might contradict with some individual people’s religious beliefs. Parisenkova’s rights to freely exercise her religion were also not infringed upon as she was not forced to express values that were against her beliefs. She was not even faced with the burden of having to choose between quitting her job and going against her religious beliefs as she was just flat out fired. Even if she was given the choice to quit or to stay and go against her religion it is more of a burden on Parisenkova to choose, but not an infringement on her free exercise. This case is more an issue of discrimination.
This was an extremely interesting case to read. I agree that Ms. Parisenkova was fired due to religious discrimination, but I do not believe that these actions violated her free exercise of religion while working at Bright Horizons. The actions taken by Callas of firing Parisenkova due to her religious beliefs are a direct violation of the Civil Rights Act of 1964. In addition to this, it seems that Bright Horizons also failed to even attempt to make an accommodation for Parisenkova when she formally requested for one. Even though I agree that Parisenkova’s firing was religious discrimination, I do not believe that her free exercise of religion was violated when working at Bright Horizons, because she was never forced to read any of these books and did not have to promote these views to the children while she was employed by Bright Horizons.
I agree that Ms. Parisenkova was fired on the basis of religious discrimination. While the civil rights acts of 1964 protects against workplace discrimination it also protects religious beliefs. While her views may not be held by everyone that isn't a valid reason to terminate employment or force her into preaching something she doesn't believe in. Ms. Parisenkova treats her students with respect and doesn't have anything against people who hold differing beliefs then herself, but won't participate or preach about something she doesn't believe in. If the goal of the center was to promote and respect diversity and prevent discrimination then was Ms. Parisenkova fired for her own religious beliefs? There was no pattern of misconduct or disrespect to children, rather that she didn't want to read books that she herself didn't believe in preaching. Forcing her to either submit and go against her beliefs or be fired place a direct burden on her.
The case here is: Ms.Parisenkova is supposed to read to children a book that promotes same-sex marriage. Because it conflicts with her religious beliefs, she got an "INFORMAL" ( what does that mean) exception from reading the book; however, another employee learned about MS.Parisenkova not reading the book and reported her. From there, Ms.Parisenkova requested a formal religious accommodation, and after not receiving it was fired. Why couldn't she receive accommodation?
I think this is a failure of the company, who in this case did fire her because of her religious beliefs which is religious discrimination. Nonetheless, I agree with previous posts... "If the goal of the center was to promote and respect diversity and prevent discrimination then was Ms. Parisenkova fired for her own religious beliefs?".
I believe that Ms. Parisenkova's rights were not violated while working at Bright Horizons, but she was fired due to religious discrimination. Ms. Parinsenkova should not be forced to preach beliefs that she doesn't practice or follow. As a private school, this teacher specifically cannot be forced to teach these things and cannot be discriminated against. Ms. Parisenkova's choice to not read these books did not place undue harm on the children because she did not place any influence of her religious beliefs on the students by or by not reading these books about same-sex marriage. But also, the school discriminated against Ms. Parisenkova for her diverse religious beliefs.
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