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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMY L. WINDISH, )
Plaintiff )
v. ) No. 24-cv-0619
3M COMPANY, )
Defendant )
Complaint
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1. Plaintiff Amy L. Windish (“Windish”) was an employee of 3M Company (“3M”).
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11. During the COVID-19 pandemic, 3M required all employees to be vaccinated against the virus.
12. 3M instituted a process for employees to request medical or religious exemptions.
13. Windish is a member of the Jehovah’s Witnesses.
14. Pursuant to her Jehovah’s Witness faith, Windish does not take medicine. On that basis, she requested a religious exemption from the vaccine requirement, which conflicts with her religious practice not to take medicine.
15. Pursuant to her Jehovah’s Witness faith, Windish is opposed to abortion. Windish understood the available COVID vaccines to have made use of aborted fetal cell lines in the manufacturing or testing process. On that basis, she requested a religious exemption from the vaccine requirement, which conflicts with her religious objections to abortion.
16. Following Windish’s accommodation request, 3M asked for and received supplemental information.
17. 3M denied Windish an exemption.
18. Windish refused to get vaccinated by 3M’s deadline.
19. 3M suspended Windish for two weeks.
20. At the end of those two weeks, 3M terminated Windish’s employment.
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Count I: Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e)
34. Windish incorporates ¶¶ 1-33, as if fully set
forth.
35. By
suspending and then firing Windish for failing to receive a vaccination despite
her religious objections, 3M took adverse employment action because of her
religion.
WHEREFORE, Plaintiff prays for:
• Damages;
• Reinstatement to her prior position at 3M;
• Injunctive relief preventing 3M from taking any further adverse employment action against her;
• Such other relief as this court finds appropriate.
Substantive Law:
42 U.S.C. § 2000e-2: (Title VII, Civil Rights Act of 1964)
It shall be an unlawful employment practice for an employer:
(a) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.
29 CFR § 1605.1(a)(2) (Equal Employment Opportunity Commission Regulations)
For purposes of a claim under 42 U.S.C. § 2000e-2(a), employers shall provide reasonable accommodations to the religious needs of employees, where the need is grounded in an employee’s sincere religious belief and such accommodations do not work an undue hardship on the conduct of the employer’s business.
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMY L. WINDISH, )
Plaintiff )
v. ) No. 24-cv-0619
3M COMPANY, )
Defendant )
Defendant’s Request for Production of Documents
Request # 1
Provide a signed letter authorizing release of all of plaintiff’s medical records from all of plaintiff’s medical providers. This letter will allow Defendant to obtain those medical records from providers.
Request # 2
A printout or electronic copy of all reasonably accessible text messages, emails, posts on any social media site (including, but not limited to, LinkedIn, Facebook, Twitter, Instagram, Threads, Truth Social, and Bluesky), and other electronic communications from January 1, 2019 to the present:
a. That refer or relate to Plaintiff’s religious or political beliefs;
b. That refer or relate to Plaintiff’s separation from Defendant;
c. That refer or relate to or provide opinions relating to COVID-19, COVID-19 vaccines, and COVID-19 vaccine mandates.
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMY L. WINDISH, )
Plaintiff )
v. ) No. 24-cv-0619
3M COMPANY, )
Defendant )
Defendant’s Motion to Compel Production of Documents
1. Defendant served its Request for Production of Documents.
2. Defendant objected to Request # 1, arguing the materials were “irrelevant to a religious discrimination case” and “instead were evidence that 3M was trying to launch an inquisition into plaintiff’s religious beliefs.”
3. Defendant objected to Request # 2, arguing the materials were “irrelevant to a religious discrimination case” and “instead were evidence that 3M was trying to launch an inquisition into plaintiff’s religious beliefs.”
4. At a pretrial conference on September 3, 2024, the court encouraged Plaintiff to provide the signed letter releasing her records, as it is facilitates the discovery process.
5. Plaintiff is one of thirty former 3M employees who refused to comply with the company’s vaccine mandate, were terminated for failing to comply, and have brought civil litigation challenging their terminations.
6. Defendant certifies that it has in good faith conferred or attempted to confer with Plaintiff in an effort to obtain the materials without court action.
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMY L. WINDISH, )
Plaintiff )
v. ) No. 24-cv-0619
3M COMPANY, )
Defendant )
Plaintiff’s Response in Opposition to Defendant’s Motion to Compel Production of Documents
1. The material sought in Request # 2 is not relevant to a religious discrimination case and not proportional to the needs of the case. It also seeks more information than is necessary, given the nature of the claims in this action.
2. Medical documents are not relevant to a religious discrimination case, therefore a signed letter authorizing release of Plaintiff’s medical records as requested in Request # 1 is not relevant.
For the court, resolve Defendant’s Motion to Compel and issue an Order.
