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HFDF LawsuitsKerkering, et al v. Nike, Inc.News

Nike’s Motion to Dismiss: DENIED

By August 9, 2023No Comments

A United States District Court denied Nike, Inc.’s Motion to Dismiss a lawsuit filed against it by former Nike employees and supported by Health Freedom Defense Fund (HFDF). In KERKERING, et al. vs. NIKE, INC., the plaintiffs assert that Nike violated their Constitutionally-protected religious freedoms by denying accommodation of their sincerely held religious beliefs against the Covid-19 vaccination.

One of the plaintiffs further asserts a claim of battery against Nike as the company repeatedly refused her request for a religious accommodation and coerced her into submitting to the Covid vaccination to save her job, only to suffer debilitating side effects from the injection.

The denial of Nike’s Motion to Dismiss means that the case will now move forward with depositions, discovery, and litigation, a development the plaintiffs and HFDF celebrate.

“Obviously, Nike would have liked to make this case go away, for itself and for the rest of corporate America, as both brazenly disregarded the American ideals codified in our Constitution by violating employees’ rights to privacy, bodily autonomy, and religious freedom. HFDF hopes that by holding Nike accountable, this case will reverse corporate America’s recent intrusions into the private medical lives of employees,” said HFDF president, Leslie Manookian.

Adding to the pressure on Nike, on June 12, 2023, former Nike employee Jamaal Galloway also sued the company for refusing to accommodate his religious objection to COVID vaccination. That suit will also be proceeding.

In Groff v. DeJoy, the United States Supreme Court recently held that religious beliefs must be accommodated unless doing so amounts to “substantial increased costs in relation to the conduct of” the employer’s business. Nike would have experienced no increased cost in accommodating these employees.

Both cases allege that Nike ignored religious freedoms protected under Title VII of the Civil Rights Act when it mandated the experimental and ineffective Covid-19 injections for employees.

“We refused to relinquish our right to bodily autonomy and medical freedom or violate our right to religious beliefs when Nike mandated the Covid injections and for that we suffered discrimination, violation of our privacy, and injury – ultimately losing our well-paying jobs and successful careers at Nike. We hope that by holding Nike accountable, we are standing for all Americans as we send a message to all corporations that their employees are not disposable and their rights must be honored,” said the plaintiffs.

HFDF proudly stands with the plaintiffs in defending their rights and freedoms and is optimistic about the new developments.