Tammy M. Harvey, et al. v. Bayhealth Medical Center, Inc.
SocialSecurity EmploymentDiscrimina
Whether an employee's religious belief under Title VII is unprotected if a court determines it would create a 'blanket privilege' or is broadly protected as found by six other circuits; and whether lower courts can make factual determinations about the nature of a religious belief on a motion to dismiss
are: 1. Under Title VII, is an employee’s religious belief left unprotected if a court determines such a belief would create a “blanket privilege” because the belief might apply broadly to other employment situations, or is an employee’s religious belief broadly protected in the employment setting a s found by six other circuits? 2. Are lower courts permitted to make a factual determination as to w hether a professed religious belief supported by citations to religious materials is a personal or medical belief as opposed to an avowed religious belief on a motion to dismiss under FRCP 12(b)(6) ?