Delsonya Wilkins-Bailey v. Essity Professional Hygiene North America, LLC

Circuit 4Aug 31, 2026

Split Score

SplitScore: 82/100

Case Summary

Disposition

Reversed in Part

The Fourth Circuit reversed the district court’s grant of summary judgment on the employee’s Title VII religious-accommodation claim, holding that Wilkins-Bailey’s "body-is-a-temple" objection to a COVID-19 vaccine was religious in nature, but affirmed dismissal of her race-discrimination claims. The panel remanded for the district court to consider whether accommodating her would impose an undue hardship on Essity.

View Full Opinion Document (PDF)

Circuit Split Identified

Legal Issue

Whether generalized "body-is-a-temple" or similar beliefs that leave vaccination to individual discernment qualify as a ‘religious belief’ under Title VII’s failure-to-accommodate framework for COVID-19 vaccine mandates.

Circuit Positions

Circuit 1Circuit 4(this circuit)Circuit 5Circuit 6Circuit 8

Generalized body-is-a-temple (or comparable) belief is religious in nature; minimal nexus needed between belief and vaccine refusal—claim survives to undue-hardship stage.

Circuit 3Circuit 9

Plaintiff must show a specific religious injunction directly forbidding vaccination; broad or discretionary beliefs are insufficient—claim fails at prima facie stage.

Conflict Summary

Several circuits (including the Fourth in this opinion) hold that a broad religious conviction that one must keep the body as God’s temple, even if mixed with secular motives, is sufficiently ‘religious in nature’ and plausibly connected to refusing vaccination, therefore satisfying the prima-facie element of a Title VII accommodation claim. Other circuits require a tighter nexus, reasoning that such generalized tenets merely express personal preference unless the claimant shows the religion specifically forbids the vaccine, and thus reject similar claims at summary judgment or earlier.

Parties & Counsel

Parties

Appellant:Delsonya Wilkins-Bailey
Appellee:Essity Professional Hygiene North America, LLC

Legal Counsel

Appellant:The Freedman Law Group (Erin Elizabeth Rozzelle)
Appellee:Morgan, Lewis & Bockius LLP; Parker Poe Adams & Bernstein LLP