Hartley v. Thermo Fisher Scientific Inc.

A statistical science director at Thermo Fisher Scientific Inc. (Thermo Fisher) who described himself as a “devout Christian” filed a lawsuit in the federal district court for the Western District of New York alleging that Thermo Fisher discriminated against him on the basis of his religion by failing to offer a fossil-fuel-free investment option in the company’s 401(k) plan menu. The plaintiff alleged that he “believes that investing his retirement money in ecologically and socially destructive fossil fuel companies violates his religious beliefs, including his belief that it is deeply immoral to personally profit from and hold an ownership stake in the fossil fuel companies that are contributing to the climate crisis.” The complaint alleged that he “makes an earnest effort to live his life in accordance with his beliefs” and described his faith and commitment to environmental stewardship as “intertwined.” The complaint alleged that the plaintiff submitted an initial request for a religious accommodation—addition of a fossil-fuel-free 401(k) investment option—to the company in October 2024, and that the company initially responded that the request did not meet the criteria for a religious accommodation and later stopped responding to the plaintiff’s correspondence. The plaintiff filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) in December 2025, and EEOC issued a Notice of Right to Sue in July 2026. The complaint asserted two causes of action under Title VII of the Civil Rights Act of 1964, for religious discrimination and for religious discrimination based on failure to accommodate. The complaint also asserted that Thermo Fisher violated New York State Human Rights Law. The plaintiff asked the court to issue an injunction requiring Thermo Fisher to provide a fossil-fuel-free 401(k) investment option and to engage in “a good faith interactive process” with the plaintiff regarding future accommodations. The plaintiff also requested compensatory damages and attorney fees and costs.