Detwiler v. Mid-Columbia Med. Ctr., 2025 WL 2700000 (9th Cir. 2025)

Sherry M. Detwiler worked as a privacy officer and the Director of Health Information for a hospital (Mid-Columbia Medical Center) from September 2020, until her employment was terminated in December 2021. Detwiler is a practicing Christian who believes her body is a “temple of the Holy Spirit” and sincerely believes she has a “religious duty to avoid defiling her ‘temple’ by taking in substances that the Bible explicitly condemns or which could potentially cause harm to her body.” While employed, Detwiler sought a religious exemption from the hospital’s policy implementing the Oregon Health Authority’s administrative rule requiring healthcare workers to be vaccinated against COVID-19 absent an approved exemption. Relying upon sources she found on the Internet, Detwiler concluded that COVID-19 vaccines were created from fetal cell lines and contained “neurotoxins” and other potentially harmful substances.

The hospital approved Detwiler’s request for a religious exemption from vaccination, but she was required to wear personal protective equipment while in the office and to submit to weekly antigen testing for the virus. In response, Detwiler requested a further accommodation, seeking an exemption from the antigen testing because she had found “multiple sources” indicating that ethylene oxide (which is on the cotton swab inserted into the nostril for the antigen test) is a carcinogenic substance. Detwiler then requested that the hospital allow her either to submit to saliva testing for the virus or to work remotely full-time; these requested accommodations were denied to her and her employment was terminated when she refused the previous accommodations that had been offered.

Detwiler sued the hospital for religious discrimination under Title VII and Oregon’s parallel anti discrimination statute. The district court granted the hospital’s FRCP 12(b)(6) motion to dismiss on the ground that Detwiler’s “specific determination of what is harmful… was not, in this case, premised on the Bible or any other religious tenet or teaching, but rather on her research-based scientific medical judgments.” The Ninth Circuit affirmed dismissal, holding that “Detwiler, by asserting a general religious principle and linking that principle to her personal, medical judgment via prayer alone, did not state a claim for religious accommodation.” See also Curtis v. Inslee, 154 F.4th 678 (9th Cir. 2025) (affirming dismissal of claims brought by former at-will employees of a nonprofit healthcare system arising from Washington governor’s proclamation requiring such workers to be vaccinated against COVID-19).

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law…

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.