Judge dismisses lawsuit by spa worker who refused to give a trans woman a tour on ‘Christian’ grounds

A federal judge dismissed a religious discrimination lawsuit filed by a spa worker who was suspended for refusing to give a transgender woman a tour of a women’s locker room.

U.S. District Judge Keli Neary granted Hershey Entertainment’s motion to dismiss the lawsuit brought by Pennsylvania woman Jeriah Sellers, who claimed the company violated her rights by suspending her without pay for one day.

Sellers, who worked at the company’s MeltSpa by Hershey, had refused a supervisor’s request to give the woman the tour. The company subsequently suspended her.

Sellers sued Hershey, saying the discipline violated her religious rights. She said her Christian beliefs made her uncomfortable escorting a trans woman into a women’s locker room. According to her account, the company suspended her for violating its “Spa Transgender Practices” after she discussed the incident with human resources, as reported by Pennsylvania CBS affiliate WHP-TV.

Related: Spa can't discriminate against trans women, federal appeals court rules

“Federal and state law require reasonable religious accommodations absent undue hardship,” Andrea Shaw, an attorney for Sellers, told the station last year. “This case asks the court to affirm that principle and to make clear that employees shouldn’t be penalized for living their faith respectfully on the job.”

Hershey disputed Sellers’ account as incomplete, saying a supervisor gave the tour after she objected. The company also said Sellers had not formally requested a religious accommodation before the incident. According to Hershey, it subsequently asked her to submit a formal request, but she had not done so when she filed the lawsuit.

Attorneys for Hershey ultimately asked Neary to dismiss the case. In a court filing, they said the company “has a long history of welcoming everyone to its facilities and ensuring that all guests have a comfortable and safe visit.”

“To that end, guests of MeltSpa are welcomed to use the locker room that corresponds with their gender identity, and additional options are available for those guests who would prefer more privacy,” the motion reads. “Indeed, Defendant's core values —instilled in all employees— are rooted in principles that include respect for others, compelling the treatment of all people with dignity while respecting their differences and ideas.”

Neary granted the motion to dismiss in a brief order on September 30. The court dismissed the case without prejudice, leaving Sellers the opportunity to bring her claims again.

Court documents describe the trans guest as a “well-known political figure,” but do not name her.