Fisher v. Washington Department of Financial Institutions
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 9, 2026
Docket25-3798
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 9 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRIDGETT FISHER; CAROLYN SABIN; No. 25-3798
KATRINA ROY; BRIGITTE NORTON, D.C. No.
3:22-cv-05991-TSZ
Plaintiffs - Appellants,
MEMORANDUM*
ELIZABETH HAMPTON,
Plaintiff,
v.
WASHINGTON DEPARTMENT OF
FINANCIAL INSTITUTIONS,
Defendant - Appellee,
DOES 1-50,
Defendant.
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, District Judge, Presiding
Argued and Submitted October 27, 2026
Seattle, Washington
Before: M. SMITH, CHRISTEN, and MILLER, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Bridgett Fisher, Carolyn Sabin, Katrina Crews, and Brigitte Norton appeal
the district court’s grant of summary judgment in favor of their former employer,
the Washington Department of Financial Institutions (DFI), in their action against
DFI under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1),
and the Washington Law Against Discrimination (WLAD), Wash. Rev. Code
§ 49.60.030(1)(a). We have jurisdiction under 28 U.S.C. § 1291, and we review de
novo the district court’s grant of summary judgment. Desire, LLC v. Manna
Textiles, Inc., 986 F.3d 1253, 1259 (9th Cir. 2021). We affirm as to Fisher, Crews,
and Norton. We reverse as to Sabin and remand for further proceedings.
Both Title VII and the WLAD make it unlawful for an employer to
discriminate against an individual based on her religion. 42 U.S.C. § 2000e-
2(a)(1); Wash. Rev. Code. § 49.60.030(1)(a). We consider “Title VII and WLAD
claims simultaneously because the Washington standard mirrors the federal one.”
Petersen v. Snohomish Reg’l Fire & Rescue, 150 F.4th 1211, 1216 n.3 (9th Cir.
2025). To establish a prima facie case of failure to accommodate, a plaintiff must
demonstrate that (1) she had a bona fide religious belief, the practice of which
conflicted with an employment duty; (2) she informed her employer of her belief
and the conflict; and (3) the employer threatened her with or subjected her to
adverse treatment because of her inability to fulfill her job requirements. Detwiler
v. Mid-Columbia Med. Ctr., 156 F.4th 886, 893 (9th Cir. 2025).
“A plaintiff seeking a religious exemption must plead a sufficient nexus
between her religion and the specific belief in conflict with the work requirement.”
Detwiler, 156 F.4th at 895. “Invocations of broad, religious tenets cannot, on their
own, convert a secular preference into a religious conviction.” Id.
Construing the facts in the light most favorable to plaintiffs, we conclude
that Fisher, Crews, and Norton did not raise a triable issue of fact as to whether
they had a bona fide religious belief that conflicted with their employment duty to
receive the COVID-19 vaccine. Crews’s concern for her pregnancy was a personal
medical judgment, and under Detwiler, her statements that she arrived at that
judgment through prayer are insufficient to make it a religious conviction. 156
F.4th at 897. Similarly, Fisher’s and Norton’s secular beliefs—that the body could
handle airborne illnesses and that the Pfizer and Moderna vaccines alter the human
body through mRNA gene therapy, respectively—did not become religious
convictions just because Fisher and Norton also believe that the body is a temple of
the Holy Spirit. Id. at 895. Although Norton also objected to receiving the Johnson
& Johnson vaccine based on its use of aborted fetal cell lines, DFI would have
allowed her to receive either the Pfizer or Moderna vaccine, and her stated
objection did not extend to those vaccines.
In contrast, Sabin objected to receiving any of the three COVID-19 vaccines
due to their use of aborted fetal cell lines in development. Sabin explained that she
3 25-3798
opposed abortion on religious grounds and that she would not get a COVID-19
vaccine that was tested on aborted fetal cell lines. Sabin did not elaborate on the
religious basis for her objection until her deposition, which was taken after she was
terminated, but DFI waived any argument that she failed to “inform[] her employer
of [her] belief” prior to termination. See Detwiler, 156 F.4th at 893. Accordingly,
Sabin established a triable issue of fact as to whether she had a bona fide religious
belief that conflicted with the employment duty to receive the COVID-19 vaccine.
See Ridings v. PeaceHealth, — F.4th —, 2026 WL 2871881, at *6 (9th Cir. Sept.
24, 2026); Detwiler, 156 F.4th at 896 n.2.
Because the district court did not consider whether accommodating Sabin’s
religious objection would pose an undue hardship for DFI, we remand to allow the
district court to consider that issue in the first instance. See Planned Parenthood of
Greater Wash. & N. Idaho v. United States Dep’t of Health & Hum. Servs., 946
F.3d 1100, 1110 (9th Cir. 2020).
The parties shall bear their own costs on appeal.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
4 25-3798