Case 4:25-cv-00218-REP Document 1 Filed 04/18/25 Page 1 of 9
`ase 4:25-cv-00218-REP Document1
`Filed 04/18/25
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`Katherine I. Hartley (ISB No. 11837)
`PACIFIC JUSTICE INSTITUTE
`P.O. Box 2131
`Coeur d’Alene, ID 81616
`Tel.: 858-945-6924
`khartley@pji.org
`
`Attorneyfor Plaintiff
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF IDAHO
`
`DOUGLAS DEMPSEY,
`Plaintiff,
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`a
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`) Case No.:
`)
`) VERIFIED COMPLAINT FOR
`) VIOLATION OF RIGHTS UNDER TITLE
`) VII OF THE CIVIL RIGHTS ACT OF 1964
`[42 U.S.C. 2000eet seq.]
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`BATTELLE ENERGY ALLIANCE, LLC,
`Defendant
`)
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`[Demandfor Jury Trial]
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`Verified Complaint
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`Case 4:25-cv-00218-REP Document 1 Filed 04/18/25 Page 2 of 9
`Case 4:25-cv-00218-REP Document1
`Filed 04/18/25
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`OVERVIEW
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`1,
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`The Plaintiff, Douglas Dempsey (“Mr. Dempsey”),brings this action against
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`Battelle Energy Alliance, LLC., (“Battelle”), or (“Defendant”), a corporation operating in Idaho.
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`This action is based on violations of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e
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`et seq.).
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`2.
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`Defendant refused to accommodate, otherwise discriminated against, and
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`subsequently forced Mr. Dempseyto retire because ofhis religious beliefs.
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`3.
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`Defendant knew that Mr. Dempseyhadsincerely held religious beliefs because he
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`requesteda religious accommodation. Defendant nevertheless failed to accommodate and
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`effectively terminated Mr. Dempsey’s employment through forced retirement.
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`JURISDICTION AND VENUE
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`4.
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`Battelle is located within this judicial district and division. All the events and
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`omissions giving rise to the claims alleged herein occurredin this judicialdistrict and division.
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`Therefore, this Court has personaljurisdiction over Battelle.
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`3.
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`This Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1331,
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`as it arises underthe laws of the United States, and presents a federal question, pursuant to 28
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`U.S.C. § 1343(a)(3)-(4). This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367.
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`6.
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`Venueis proper within this judicial district and division, pursuant to 28 U.S.C. §
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`1391(b), because the relevant events have occurred andare threatened to occurin this
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`jurisdictional district and division. The Defendant’s place of businessis in this district.
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`7.
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`Plaintiffs’ claims for damages and declaratory relief are authorized by 28 U.S.C.
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`§2201-02, Civil Rules 57 and 65, and the general legal and equitable powers of this Court, which
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`empowerthis Court to grant the relief requested.
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`PARTIES
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`Plaintiff
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`8.
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`Atall times relevant herein, Mr. Dempseyresides in Idaho Falls, Idaho, and was an
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`employee of DefendantBattelle.
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`Verified Complaint
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`Case 4:25-cv-00218-REP Document 1 Filed 04/18/25 Page 3 of 9
`Case 4:25-cv-00218-REP Document1
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`Defendant
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`9.
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`Battelle is a company headquartered in Idaho Falls, Idaho, and is the prime
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`contractor for the management and operation of Idaho National Laboratory. At the time of the
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`events giving rise to this Complaint, Mr. Dempsey was employed by Battelle as an experiment
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`manager.
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`10._—_Battelle at all times relevant herein was an employer of Mr. Dempsey.
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`GENERAL ALLEGATIONS
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`Mr. Dempsey washired in January 2006 by Battelle.
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`Mr. Dempseyis a Christian.
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`On September 13, 2021, the Director of Idaho National Laboratory announcedits
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`11.
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`12.
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`13.
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`COVID-19 vaccination policy for all Battelle employees.
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`14.
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`The policy required employees to receive a COVID-19 vaccine as a condition of
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`continued employment.
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`15.|Mr. Dempseyhasa sincerely held religious belief that requires him to makeall
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`decisionsin his everyday life through prayer and reading the Bible.
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`16.
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`As he does with all decisionsin his life, Mr. Dempsey prayed and sought direction
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`from the Bible regarding the COVID-19 vaccine and whether he should takeit.
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`17.
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`Ultimately, Mr. Dempsey decided that taking the COVID-19 vaccine,as withall
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`other vaccines, would bea significant transgression againsthis beliefs.
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`18.
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`For this reason, he could not take the COVID-19 vaccination that was mandated by
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`his employer.
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`19.
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`Thisis also consistent with Mr. Dempsey’s prior behaviorsin not taking other
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`vaccines for the last 15 years dueto his religious beliefs.
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`20.
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`Mr. Dempsey submitted a religious accommodation request that clearly stated he
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`prayed and considered Biblical principles in deciding whether he should take the COVID-19
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`vaccinein light of this new job requirement.
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`Verified Complaint
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`3-
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`Case 4:25-cv-00218-REP Document1
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`21.
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`Asa Christian, Mr. Dempseyisinstructed by his faith to seck God through prayer
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`according to 1 Chronicles 16:11, Matthew 7:7-8, and James 1:5. This is an ever-presentpart of his
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`faith, daily life and decision making.
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`22.
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`Mr. Dempseyalso relies on Romans15:4, Proverbs 3:5-6, and Proverbs 16:3 as
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`instructive that the Bible should be his guide in making both small and large decisions.
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`23.
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`Finally, Mr. Dempseyapplies biblical principles to situationsin his life according
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`to Colossians 3:17, which states, “And whatever you do, in word or deed,do it all in the name of
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`the Lord Jesus, giving thanks to God the Father through Him.”Theverseparticularly guides
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`Christians like Mr. Dempseyto follow the Biblein all he does, every day.
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`24.
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`This faith backgroundleads to the content of Mr. Dempsey’s written request for
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`accommodation andthe biblical support therein.
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`25.
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`In relevant part, Mr. Dempsey’s request stated he relied on 1 Corinthians 6:19
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`whichsays, “Do you not know that your bodies are temples of the Holy Spirit, whois in you,
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`whom you have received from God?” His request also cited Acts 5:29, that he “must obey God
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`rather than men.” Mr. Dempsey’s belief is, and has been for manyyears, that vaccinations defile
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`his body and change the makeup of his body and God’s design.
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`26.|Mr. Dempsey even proposed reasonable accommodations, stating he could
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`continue working as he had successfully done since March 2020 from home,ortest himself for
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`COVID-19 before entering any workplace facilities. There was at least one employee in Mr.
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`Dempsey’s position who continued to work from homesuccessfully even after the pandemic
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`concluded.
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`27.
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`Despite working from home, Mr. Dempseynot only performedhis job duties
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`excellently, but he specifically obtained “Notable Outcomes”during that time. He was also
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`promoted. His team always met progress milestones despite working remotely, and an
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`accommodation would simply have been to continue with this plan.
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`Verified Complaint
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`28.
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`On October 8, 2021, Battelle denied Mr. Dempsey’s request, claiminghis
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`“religious references, without more are insufficient grounds upon which one can obtain an
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`exemption.”
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`29.
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`In other words, Battelle rejected Mr. Dempsey’s religious beliefs as insincere and
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`non-religious, or a personal preference rather than a bonafide religiousbelief.
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`30.|Mr. Dempsey appealed the denial of his accommodation request and offered
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`further evidence ofhis sincerely held religiousbeliefs.
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`31.
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`In his appeal, Mr. Dempseyfurther explained the history ofhis religious beliefs
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`and how they are evidenced in every aspectofhis life. He also further explainsthat his
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`understanding of the Bible does not allow him to take vaccinations because they may alter God’s
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`design for his body.
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`32.
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`On October 26, 2021, Battelle again denied Mr. Dempsey’s request for
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`accommodation, despite his providing Battelle with more information aboutthe sincerity of his
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`beliefs and his conflict with taking the mandatory vaccine.
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`33.
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`Battelle acknowledged Mr. Dempsey’s sincerereligious beliefs, but claimed his
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`statementsreflect the existence of “personal, philosophical, ethical and moral” statements by a
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`“person who holds deep religious convictions.”
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`34.
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`35.
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`On December 23, 2021, Battelle denied Mr. Dempsey’s final appeal.
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`Battelle denied the legitimacy of Mr. Dempsey’s beliefs regarding vaccinations
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`despite Title VII's statutory definition including “all aspects of religious observanceandpractice,
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`as well as belief.”
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`36.
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`Battelle also asserted that they would “not grant any religious exemptions to
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`persons whoprayed for guidance”before entering any typeofinteractive process with each
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`individual employee.
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`37.
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`An individual’s testimony about his or her belief must be given great weight andis
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`enough to demonstrate sincerity.
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`Verified Complaint
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`Case 4:25-cv-00218-REP Document 1 Filed 04/18/25 Page 6 of 9
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`40.|Mr. Dempseyfiled a charge with the Idaho Human Rights Commission on May
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`38.
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`Battelle could have reasonably accommodated Mr. Dempsey without incurring
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`undue hardship, and in fact never brought up that an accommodation would pose undue hardship.
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`39.
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`The fact that Mr. Dempsey waswilling to enter early retirement despite
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`desperately wanting to keep his jobis indicationthathis religious belief is sincerely held.
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`14, 2022. The Equal Opportunity Employment Commission (EEOC)then took overhis charge.
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`41.
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`Mr. Dempsey’s forced early retirement imposeda financial hardship on him. Mr.
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`Dempseyhasincurred over $200,000 in salary and benefit losses due to being forced to retire at
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`least 3 years before he plannedtoretire.
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`42.
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`On March 13, 2025, Mr. Dempsey obtained a “Right to Sue”letter from the
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`EEOC. This letter serves as Exhibit A to this complaint.
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`CAUSES OF ACTION
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`COUNT I
`Violation of Title VII of the Civil Rights Act of 1964 [42 U.S.C. § 2000¢eet seq.]
`ailure to Provide Religious Accommodation
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`43.
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`Mr. Dempseyhereby incorporates and realleges the preceding paragraphs, as
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`though fully set forth herein.
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`44.
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`Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000¢ et seq., makes it an
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`unlawful employmentpractice to fail or refuse to reasonably accommodate thereligiousbeliefs
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`and practices of an employee or prospective employee.
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`45.|Anemployer is obligated to engagein interactive process, or a meaningful dialogue
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`with an employee regarding a request for religious accommodation.
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`46.
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`Battelle was Mr. Dempsey’s employer within the meaning of Title VII.
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`47.|Mr. Dempsey had a bonafide religious basis to refuse Battelle’s vaccination
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`mandate.
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`48.
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`49.
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`Battelle did not accommodate Mr. Dempsey’s sincerely held religiousbeliefs.
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`Accommodating Mr. Dempsey would not have resulted in an undue hardship for
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`Battelle, particularly because he was already successfully working from home.
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`Verified Complaint
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`50._—_Battelle’s failure to provide a religious accommodation has harmedand will
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`continue to harm Mr. Dempsey.
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`51.|Mr. Dempseyis entitled to back pay, front pay, compensatory damages, punitive
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`damages, attorney’s fees, costs of suit, and a declaration that Battelle violated his rights under
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`Title VIL.
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`oOwoHNDBWHFPWYNYKF
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`52.|Mr. Dempseyis entitled to further relief as more fully set forth below in his Prayer
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`for Relief.
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`COUNT II
`Violation of The Idaho HumanRights Act (Idaho Code § 67-5909)
`ilure to Provide Religious Accommodation
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`53.|Mr. Dempsey hereby incorporates and realleges the preceding paragraphs, as
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`though fully set forth herein.
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`54.
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`The Idaho Human Rights Act requires employers to reasonably
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`accommodate employees’ sincerely held religious beliefs and practices unless doing so
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`would impose an undue hardship on the employer.
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`55.|Mr. Dempseyhada bonafide religious basis to refuse Battelle’s vaccination
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`mandate.
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`57.|Accommodating Mr. Dempsey would not have resulted in an undue hardship for
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`56.
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`Battelle did not accommodate Mr. Dempsey’s sincerely held religious beliefs.
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`Battelle, particularly because he was already successfully working from home.
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`PRAYER FOR RELIEF
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`WHEREFORE,Mr. Dempseyrespectfully prays this Court grant relief as follows:
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`A. Award Mr. Dempseybackpay;
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`B. Award Mr. Dempseyfront pay, including future wages and benefits;
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`C. Award Mr. Dempseyother and further compensatory damagesin an amountaccording
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`to proof;
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`Verified Complaint
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`D. Award Mr. Dempsey noneconomic damages, including butnot limited to mental
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`suffering;
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`E. Award to Mr. Dempseyreasonable attorney’s fees and costs of suit;
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`F, Award Mr. Dempsey punitive damages;
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`G. Enjoin Battelle from enforcing their discriminatory policies;
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`H. Declare that Battelle has violated Title VII of the Civil Rights Act and the Idaho
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`HumanRights Act; and
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`I. Grant Mr. Dempsey such additionalor alternative relief as the Court deemsjust and
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`proper.
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`- JURY TRIAL DEMAND
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`Mr. Dempsey demandsa trial by jury with respect to all claimssotriable.
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`Respectfully submitted this 4th day of April 2025,
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`/s/ Katherine I. Hartley
`Katherine I. Hartley
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`Attorneyfor Plaintiff, Douglas Dempsey
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`Verified Complaint
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`Case 4:25-cv-00218-REP Document 1 Filed 04/18/25 Page 9 of 9
`Case 4:25-cv-00218-REP Document1
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`VERIFICATION
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`OoAND
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`I, Douglas Dempsey, am the Plaintiff in the above-captioned matter. I have read the
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`VERIFIED COMPLAINT FOR VIOLATION OF RIGHTS UNDERTITLEVII OF THE CIVIL
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`RIGHTS ACTOF 1964 [42 U.S.C. 2000e et seq.] and am familiar with same. The contents are
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`true and accurate and knownto meby personal knowledge except for those matters asserted on
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`information and belief. As to those matters, I believe them to betrue.
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`I declare under penalty of perjury, under the laws of the United States and the State of
`Idaho, that the foregoing is true and correct. Executed this hay ofApril 2025, in the County
`ofGonnev: We
`_, State of Idaho.
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`¢
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`Douglas Dempsey
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`Verified Complaint
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