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 The plaintiffs in the proposed class action filed in Manhattan
federal court accused Bristol Myers of violating a federal civil
rights law known as Title VII by "systematically manufacturing"
reasons to refuse religious accommodations.
The plaintiffs allege that Bristol Myers is concluding their
politics is the real reason they won't be vaccinated, regardless of
whether they have sincere religious beliefs that independently would
justify exemptions.
They also said the company is ignoring sincere religious beliefs
that are "inconvenient" to denial decisions, even as it accommodates
employees with medical reasons not to be vaccinated.
Bristol Myers said its priority during the pandemic has been the
health and safety of communities, employees and patients.
"Our policy that all eligible employees in (the) U.S. and Puerto
Rico be vaccinated against COVID-19 is consistent with this safety
priority," the New York-based company said in a statement.
Wednesday's lawsuit came as the Biden administration seeks to
require vaccinations for millions of workers at large private U.S.
employers, a mandate is also being challenged in court.
Many health officials consider widespread vaccinations the best way
to help control the pandemic.
The Bristol Myers plaintiffs, all with six-figure salaries, are
Carrie Kefalas, a physician overseeing clinical trial risk
management for drug development; biotechnologist John Lott; data
integrity manager Jeremy Beer, and biologist Kamila Dubisz.
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 They objected to the company
requiring they fill out "inquisitorial"
questionnaires about their reasons for religious
exemptions. The complaint said
Bristol Myers rejected Kefalas' request because it thought her
beliefs were insincere and she might not accept mask-wearing or
regular COVID-19 testing. The company offered no reasons for the
other rejections, the complaint said.
Bristol Myers referred in Kefalas' rejection letter to several
statements it said she made publicly, including that its vaccine
requirement was a "communist, unamerican practice [sic]."
The lawsuit seeks a permanent injunction against Bristol Myers'
firing the plaintiffs or similarly situated employees.
Bristol Myers ended 2020 with about 17,000 U.S. employees.
The case is Kefalas et al v Bristol-Myers Squibb Co, U.S. District
Court, Southern District of New York, No. 21-10204.
(Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot
and Cynthia Osterman)
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