From Pumariega v. Basis Global Technologies, Inc., decided Monday by Judge Lindsay Jenkins (N.D. Ill.):
{The following factual allegations are taken from Pumariega's Second Amended Complaint and are accepted as true for the purposes of the motion. In setting forth the facts at the pleading stage, the Court does not vouch for their accuracy.}
Pumariega worked remotely from Florida for an Illinois-based company, Basis. In November 2022, Pumariega received an email from Basis's Diversity, Equity, and Inclusion (DEI) Department announcing an upcoming virtual, mandatory training on December 6, 2022. The email laid out the agenda which included (1) reviewing "LGBTQ+ terminology related to sexual orientation, gender identity, and expression – including words to avoid;" (2) discussing "a variety of gender-expansive pronouns that [one] may encounter in the workplace;" and (3) considering "a variety of ways that [one] can demonstrate … allyship to folks who are transgender and/or nonbinary, as well as resources to help … learn more." Pumariega, who is a devout Christian, did not request a religious accommodation to be excused from the event and attended the DEI training.
During the training presenters discussed gender identity, sexuality, sexual orientation as a scale, use of inclusive language, and preferred pronouns. Employees were instructed to use inclusive language when referring to groups in the workplace, and to consider where they fell on the sexual orientation scale—presented as a continuum stretching from "straight" to "gay/lesbian." In Pumariega's view, these concepts conflict with his Christian ideology, specifically the belief that there is no "sexuality scale" and that romantic relationships should only be between a man and a woman.
In approximately February 2023, Pumariega submitted anonymous feedback to the DEI team about the December training. Without disclosing his religious beliefs or indicating a religious objection to the training, Pumariega explained that, in his opinion, the topics discussed were inappropriate for the workplace.
In a May 2023 meeting with his supervisor, Drew Schuch, Pumariega revealed his Christian beliefs, expressed that the mandatory training conflicted with those beliefs, and requested an accommodation to skip future mandatory DEI trainings. Schuch assured Pumariega that Basis could not fire him on account of his religious beliefs and directed him to discuss the issue with Cassie Clark, Basis's Manager of Talent Partners.
