Petition for Writ of Certiorari — Tami M. Dixon, Petitioner v. Scott Bessent, Secretary of the Treasury, et al.

Supreme Court briefOct 14, 2025

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No. 25In the

Supreme Court of the United States

TAMI M. DIXON,

Petitioner,

v.

SCOTT BESSENT, UNITED STATES SECRETARY OF

THE TREASURY, IN HIS OFFICIAL CAPACITY, et al.,

Respondents.

On Petition for a Writ of Certiorari to the

United States Court of A ppeals for the

District of Columbia Circuit

PETITION FOR A WRIT OF CERTIORARI

Theresa Kraft

Counsel of Record

Wilt Toikka Kraft, LLP

1629 K Street NW,

Suite 300

Washington, DC 20006

(202) 508-3647

tkraft@wtk-law.com

Counsel for Petitioner

120695

A

(800) 274-3321 • (800) 359-6859

i

QUESTIONS PRESENTED

1. Whether an employer’s requirement that an

employee undergo COVID-19 testing, based solely on the

employee’s unvaccinated status, constitutes regarding the

employee as having a disability under the Americans with

Disabilities Act or the Rehabilitation Act.

2. Whether an unvaccinated federal employee must

be perceived to have a specific disability to be “regarded

as” having a disability under the Americans with

Disabilities Act and the Rehabilitation Act.

3. Whether, to state a viable claim of religious

discrimination under Title VII, a plaintiff must plead

specific details related to comparator employees at the

pleading stage.

ii

PARTIES TO THE PROCEEDING

All parties to the proceeding are listed in the caption.

The petitioner is Tami M. Dixon, an individual with

sincerely held religious beliefs. The respondent is the

Scott Bessent, United States Secretary of the Treasury,

in his official capacity.

iii

RELATED PROCEEDINGS

Dixon v. Yellen, No. 22-cv-3496 (AMP), 2024 U.S.

Dist. LEXIS 77051 (D.D.C. Mar 21, 2024).

Dixon v. Bessent, No. 24-5110, 2025 U.S. App. LEXIS

15296 (D.C. Cir. Jun 20, 2025) reh’g denied Jul 16, 2025,

sub nom. Dixon v. Yellen, No. 22-cv-3496 (AMP), 2024

U.S. Dist. LEXIS 77051 (D.D.C. Mar 21, 2024).

iv

TABLE OF CONTENTS

Page

QUESTIONS PRESENTED . . . . . . . . . . . . . . . . . . . . . . . i

PARTIES TO THE PROCEEDING . . . . . . . . . . . . . . . . ii

RELATED PROCEEDINGS . . . . . . . . . . . . . . . . . . . . iii

TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . iv

TABLE OF APPENDICES . . . . . . . . . . . . . . . . . . . . . . . vi

TABLE OF CITED AUTHORITIES . . . . . . . . . . . . . . vii

OPINIONS BELOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

STATUTORY PROVISIONS INVOLVED . . . . . . . . . . 1

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . 3

A. Petitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

B. District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

C. D.C. Circuit Decision . . . . . . . . . . . . . . . . . . . . . . . 6

REASONS FOR GRANTING THE PETITION . . . . . 6

v

Table of Contents

Page

I.

Need for Court Clarification of “Regarded

A s” Disabi l ity under the A DA a nd

Rehabilitation Act . . . . . . . . . . . . . . . . . . . . . . . . . 6

II. Title VII Pleading Standards Require No

Detailed Comparator Allegations . . . . . . . . . . . 10

III. Failure to Accommodate Religion States

a Plausible Title VII Claim Absent Specific

Comparator Evidence . . . . . . . . . . . . . . . . . . . . . 12

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

vi

TABLE OF APPENDICES

Page

APPENDIX A — JUDGMENT OF THE UNITED

STATES COURT OF APPEALS FOR THE

DISTRICT OF COLU M BI A CIRCUIT,

FILED JUNE 20, 2025 . . . . . . . . . . . . . . . . . . . . . . . 1a

APPENDIX B — MEMORANDUM OPINION OF

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBI A ,

FILED MARCH 21, 2024 . . . . . . . . . . . . . . . . . . . . . .9a

APPENDIX C — ORDER OF THE UNITED

S TAT E S DI S T R IC T C OU RT FOR

T H E DI S T R IC T OF C OLU M BI A ,

FILED MARCH 21, 2024 . . . . . . . . . . . . . . . . . . . . .25a

APPENDIX D — ORDER OF THE UNITED

STATES COURT OF APPEALS FOR THE

DISTRICT OF COLU M BI A CIRCUIT,

FILED JULY 16, 2025 . . . . . . . . . . . . . . . . . . . . . . . 26a

APPENDIX E — ORDER OF THE UNITED

STATES COURT OF APPEALS FOR THE

DISTRICT OF COLU M BI A CIRCUIT,

FILED JULY 16, 2025 . . . . . . . . . . . . . . . . . . . . . . . 28a

vii

TABLE OF CITED AUTHORITIES

Page

Cases

Ansonia Bd. of Educ. v. Philbrook,

479 U.S. 60 (1986) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Chalmers v. Tulon Co.,

101 F.3d 1012 (4th Cir. 1996) . . . . . . . . . . . . . . . . . . . 13

Conley v. Gibson,

355 U.S. 41 (1957) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

EEOC v. Abercrombie & Fitch Stores, Inc.,

575 U.S. 768 (2015) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Holbrook v. Reno,

196 F.3d 255 (D.C. Cir. 1999) . . . . . . . . . . . . . . . . . . . 10

Lemmons v. Georgetown Univ. Hosp.,

431 F. Supp. 2d 76 (D.D.C. 2006) . . . . . . . . . . . . . . . . . 3

Littlejohn v. City of New York,

795 F.3d 297 (2d Cir. 2015) . . . . . . . . . . . . . . . . . . 11, 12

Richardson v. Chi. Transit Auth.,

926 F.3d 881 (7th Cir. 2019) . . . . . . . . . . . . . . . . . . . . . 7

School Bd. of Nassau County v. Arline,

480 U.S. 273 (1987) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Smith v. Lockheed-Martin Corp.,

644 F.3d 1321 (11th Cir. 2011) . . . . . . . . . . . . . . . . . . 11

viii

Cited Authorities

Page

Smith v. Nev. Dep’t of Motor Vehicle Off.,

2025 U.S. App. LEXIS 12911 (May 28, 2025) . . . . 10-12

Southerland v. Peterson’s Oil Serv.,

126 F.4th 728 (1st Cir. 2025) . . . . . . . . . . . . . . . . . . . . 9

Sutton v. United Air Lines, Inc.,

527 U.S. 471 (1999) . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 9

Swierkiewicz v. Sorema N.A.,

534 U.S. 506 (2002) . . . . . . . . . . . . . . . . . . . . . . . . 10, 12

Toyota Motor Mfg., Kentucky, Inc. v. Williams,

534 U.S. 184 (2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Trans World Airlines, Inc. v. Hardison,

432 U.S. 63 (1977) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Wilson v. B/E Aerospace, Inc.,

376 F.3d 1079 (11th Cir. 2004) . . . . . . . . . . . . . . . . . . 11

Statutes

29 U.S.C. § 701 et seq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

29 U.S.C. § 791 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 2

42 U.S.C. § 12101 et seq. . . . . . . . . . . . . . . . . . . . . . . . . . . 1

42 U.S.C. § 12102(1)-(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

ix

Cited Authorities

Page

42 U.S.C. § 12102(3)A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

42 U.S.C. § 2000e et seq. . . . . . . . . . . . . . . . . . . . . . . . . . . 1

42 U.S.C. § 2000e(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

42 U.S.C. § 2000e-16(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Pub. L. No. 110-325, § 2, 122 Stat. 3553 . . . . . . . . . . . . . 7

Pub. L. No. 110-325, § 2(b)(3) . . . . . . . . . . . . . . . . . . . . . 7

Pub. L. No. 110-325, § 2(b)(5) . . . . . . . . . . . . . . . . . . . . . 7

1

OPINIONS BELOW

The court of appeal’s decision is unpublished but

is available at 2025 U.S. App. LEXIS 15296 and App.

1a. The district court’s opinion and order granting

respondent’s motion to dismiss is not recorded in the

Federal Supplement but is available at 2024 U.S. Dist.

LEXIS 77051 and App. 9a.

JURISDICTION

The judgment of the court of appeals was entered

on June 20, 2025. A timely petition for rehearing and

rehearing en banc was denied on July 16, 2025 (App.

infra, 26a and 28a). The ruling has not been published in

the Federal Supplement but is available at App. 1a. This

Court has Jurisdiction under 28 U.S.C. 1254(1).

STATUTORY PROVISIONS INVOLVED

This case arises under the Rehabilitation Act of 1973,

29 U.S.C. § 701 et seq., which prohibits discrimination on

the basis of disability in federal employment, including

discrimination against employees “regarded as having” a

disability, 29 U.S.C. § 791. The Act incorporates standards

developed under the Americans with Disabilities Act, 42

U.S.C. § 12101 et seq., and defines “disability” to include

a physical or mental impairment that substantially limits

a major life activity, a record of such an impairment,

or being regarded as having such an impairment, 42

U.S.C. § 12102(1)-(3). This case also arises under Title

VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e

et seq., which prohibits employers from discriminating

against employees on the basis of religion and requires

2

reasonable accommodation of employees’ sincerely held

religious beliefs, 42 U.S.C. § 2000e(j). These provisions

are directly implicated by the petitioner’s claims that

her former employer, the Department of the Treasury,

failed to accommodate her sincerely held religious beliefs

regarding COVID-19 vaccination and remote work, and

that she was regarded as disabled due to her unvaccinated

status.

INTRODUCTION

This case presents the Court with an opportunity to

clarify important questions at the intersection of federalsector employment law, public health policy, and statutory

protections under the Americans with Disabilities Act

(ADA), the Rehabilitation Act of 1973, and Title VII of

the Civil Rights Act of 1964.

The case arises in the unique context of the COVID-19

pandemic, but its implications extend well beyond

that emergency. It calls on the Court to determine

whether federal agencies may impose blanket workplace

mandates—such as mandatory COVID-19 testing

and return-to-office requirements—on unvaccinated

employees without violating federal anti-discrimination

laws, particularly when requests for religious and medical

accommodations are pending.

Federal employees are guaranteed the right to

work “free from any discrimination” based on religion

or disability. See 42 U.S.C. § 2000e-16(a); 29 U.S.C.

§ 791. In this case, Petitioner—a federal employee—was

required to return to in-person work and undergo regular

COVID-19 testing solely because of her unvaccinated

3

status, even though she had submitted a religious

exemption request that had not yet been adjudicated.

Vaccinated employees were permitted to work remotely

without similar intrusion. This policy resulted in tangible

adverse treatment based on both her sincerely held

religious beliefs and her perceived health status.

The courts below dismissed her claims at the pleading

stage, holding that she failed to allege sufficient facts to

support claims under the ADA, the Rehabilitation Act, or

Title VII. In doing so, the lower courts adopted unduly

restrictive interpretations of these statutes and imposed

heightened pleading standards that have no basis in the

text of the laws or in this Court’s precedent. Furthermore,

neither the Supreme Court nor the D.C. Circuit has

articulated a clear legal framework for evaluating Title

VII claims based on the failure to accommodate religious

beliefs. See Ansonia Bd. of Educ. v. Philbrook, 479 U.S.

60, 67 (1986); Lemmons v. Georgetown Univ. Hosp., 431

F. Supp. 2d 76, 95 n.22 (D.D.C. 2006).

Without clarification, federal employees will continue

to face uncertainty and disparate outcomes depending

on the jurisdiction in which they file suit. This case thus

raises questions of exceptional importance that merit this

Court’s review.

STATEMENT OF THE CASE

A. Petitioner

Between October 2015 and July 2022, Petitioner, Tami

M. Dixon worked for the Department of the Treasury,

initially as a contractor and later as an employee under

4

Schedule A hiring authority, making the agency aware

of her disability from the start. Ms. Dixon is a woman of

faith whose religious beliefs are grounded in the Christian

doctrine of Imago Dei, the belief that humans are created

in God’s image. Her faith includes the principle that each

person has a God-given right to bodily integrity and to

informed consent regarding any medical intervention.

In response to COVID-19, Executive Order 14043

mandated vaccination for federal employees by November

22, 2021. Ms. Dixon submitted a religious exemption

request and requested continued remote work as an

accommodation to accommodate both her medical

conditions and religious beliefs. Her religious exemption

request explained that vaccination and mandatory testing

conflicted with her sincerely held religious beliefs and

that compliance would violate her conscience and faith.

While her exemption was pending, the agency-imposed

COVID-19 mandatory testing, mask protocols, and

return-to-office requirements for unvaccinated employees,

while vaccinated employees and certain unvaccinated

employees seeking non-religious accommodations were

exempt.

Ms. Dixon repeatedly communicated her concerns to

supervisors and the EEO office, explaining that she felt

stigmatized and treated as diseased solely because of her

unvaccinated status and sincerely held religious beliefs.

She faced multiple communications warning of disciplinary

action, peer pressure, and hostility from supervisors.

Despite her religious exemption still being pending, her

previously approved remote work arrangements were

rescinded.

5

On August 10, 2022, Ms. Dixon filed a formal

EEO complaint detailing the denial of her religious

accommodation and the disparate treatment she endured.

She explained that her religion, morality, and oath of office

were questioned and disregarded and that she was treated

as if her objection were merely a personal preference to

avoid returning to the office rather than sincerely held

religious beliefs.

B. District Court

After exhausting her administrative remedies, Ms.

Dixon filed suit in the D.C. District Court, alleging that

the Department of the Treasury violated her right to

freely exercise her religion under the Religious Freedom

Restoration Act (RFRA); violated the Americans with

Disabilities Act and Rehabilitation Act by subjecting

her to discrimination because officials regarded her as

disabled; and subjected her to discrimination in violation

of Title VII of the Civil Rights Act.

The District Court dismissed Ms. Dixon’s claims

under the Rehabilitation Act and Title VII. As for the

Rehabilitation Act claim, the court held that COVID-19

was not a disability as a matter of law and that petitioner

failed to allege she was “regarded as” disabled due

to her unvaccinated status. The court also imposed a

heightened pleading requirement for her Title VII claim,

requiring her to identify comparators who were “nearly

identical” in all relevant respects. Specifically, the district

court determined that the military spouses Dixon cited

as receiving more favorable treatment with respect

to remote-work accommodations did not satisfy this

standard and could not support an inference of religious

discrimination.

6

C. D.C. Circuit Decision

The D.C. Circuit affirmed the district court’s

dismissal in an unpublished opinion, available at 2025

U.S. App. LEXIS 15296 (Jun. 20, 2025). The Circuit

held that petitioner had not plausibly alleged that her

employer perceived her as having a disability under

the Rehabilitation Act, emphasizing that COVID-19

infection, absent allegations of long-term or severe effects,

is generally considered too “transitory and minor” to

constitute a disability. The Court also held that Dixon

“abandoned” her RFRA and hostile work environment

claims by not raising them in her opening brief. With

respect to the Title VII claim, the Circuit concluded that

Dixon had not plausibly alleged an inference of religious

discrimination because she did not identify similarly

situated employees outside her protected class who were

treated more favorably. The Court noted that the only

employees granted remote-work accommodations were

military spouses, a criterion that petitioner did not meet,

undercutting any inference of discriminatory intent.

REASONS FOR GRANTING THE PETITION

I.

Need for Court Clarification of “Regarded As”

Disability under the ADA and Rehabilitation Act

Ms. Dixon’s case raises a critical question about when

federal employees are “regarded as” disabled under

the ADA and the Rehabilitation Act. Under 42 U.S.C.

§ 12102(3)(A), an individual is regarded as disabled if

subjected to adverse action due to an actual or perceived

impairment, even if the impairment does not limit a major

life activity. The lower courts’ focus on whether COVID-19

7

constituted an actual disability overlooked the central

purpose of the “regarded as” framework, which protects

employees subjected to adverse treatment based on a

perceived impairment. In Sutton v. United Air Lines,

Inc., 527 U.S. 471 (1999), this Court held that a “regarded

as” claim arises when an employer treats an employee as

having a disability, regardless of whether the employee

is actually impaired. Similarly, in Toyota Motor Mfg.,

Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), the Court

emphasized that the perceived impact of an impairment

on work-related abilities may itself constitute a disability

under federal law.

Congress expressly responded to the narrowing effect

of Sutton and Toyota by enacting the ADA Amendments

Act of 2008 (“ADAAA”). Pub. L. No. 110-325, § 2, 122 Stat.

3553, 3553–54. In its “Findings and Purposes” section of

the Amendments, Congress observed that “the holdings of

the Supreme Court in Sutton and its companion cases have

narrowed the broad scope of protection intended to be

afforded by the ADA,” and that the Court’s interpretation

in Toyota had “created an inappropriately high level of

limitation necessary to obtain coverage under the ADA.”

Id. To correct this trend, Congress declared its purpose

was to “convey that the question of whether an individual’s

impairment is a disability under the ADA should not

demand extensive analysis,” and to “reinstat[e] a broad

scope of protection under the ADA.” Id. § 2(b)(5); see also

Richardson v. Chi. Transit Auth., 926 F.3d 881 (7th Cir.

2019) (confirming that, in passing the ADAAA, Congress

intended to expand the Act to cover conditions that did

not significantly or severely restrict major life activities).

Congress also made clear that the “regarded as” prong

was intended to extend protection to individuals subjected

8

to discrimination “whether or not the impairment limits

or is perceived to limit a major life activity.” Id. § 2(b)(3).

Far from imposing a heightened pleading standard,

Congress intended the “regarded as” framework to

provide robust protection against discrimination rooted

in stereotypes, assumptions, and fears about perceived

health conditions. The lower courts’ dismissal of Ms.

Dixon’s claim—based solely on whether COVID-19

constituted an actual disability—contradicts this express

legislative mandate and underscores the need for this

Court’s review.

Federal courts have repeatedly recognized that

employees can be regarded as disabled when employers

act out of fear that they may spread a communicable

disease. In School Bd. of Nassau County v. Arline, 480

U.S. 273 (1987), this Court held that an employee with

a communicable disease could not be discharged based

on the contagious nature of her disease alone. In this

decision, the Court explained that Congress expanded the

protections of the Rehabilitation Act in order to prevent

such discrimination and explained that the Act applies

even where the employee is regarded as being contagious.

While patients diagnosed with communicable diseases are

disabled under the Rehabilitation Act, the central focus

of these cases is that they were treated disparately out of

fear regarding their conditions rather than any impact on

their work. This correlates to how Ms. Dixon and others

are treated based on their unvaccinated status. Similar

to those with communicable diseases, Ms. Dixon was

subjected to discriminatory treatment based on a fear

that she may spread illness due to her vaccination status.

These cases demonstrate that disparate treatment based

9

on perceived risk of contagion is actionable under federal

disability law under the “regarded as” framework. See

also, Southerland v. Peterson’s Oil Serv., 126 F.4th 728 (1st

Cir. 2025) (holding that under the ADA, a plaintiff need

not prove that their impairment limits or is perceived to

limit a major life activity to proceed on a “regarded as”

disability claim).

In Dixon’s case, the Department of the Treasury

imposed mandatory COV ID-19 testing, masking,

and threatened disciplinary action solely because she

remained unvaccinated, effectively treating her as a health

threat. The lower courts dismissed her claim as a matter

of law, concluding COVID-19 was “transitory and minor”

without a developed factual record and while disregarding

comments that demonstrated animus. This conflicts with

the holdings in Sutton and Southerland, which underscore

that perceived impairments must be assessed in context

and with the facts of a case. Resolution by this Court would

provide federal employees clarity on whether perceived

vulnerability to infectious disease qualifies as a “regarded

as” disability, and whether adverse employment actions

premised on such perceptions violate the Rehabilitation

Act.

Furthermore, the lower courts’ approach—linking

a “regarded as” claim to an actual disability rather

than focusing on the employer’s perception—effectively

imposes a heightened pleading burden that conflicts with

the statutory purpose of the “regarded as” standard under

the ADA and Rehabilitation Act.

10

II. Title VII Pleading Standards Require No Detailed

Comparator Allegations

The Supreme Court has long held that Title VII

plaintiffs are not required to plead detailed evidence at

the motion-to-dismiss stage. In Swierkiewicz v. Sorema

N.A., 534 U.S. 506 (2002), the Court clarified that a short

and plain statement suffices to give defendants notice of

the claim, relying on liberal discovery procedures to define

disputed facts. Likewise, in Conley v. Gibson, 355 U.S.

41 (1957), the Court emphasized that complaints should

not be dismissed for lack of detailed factual allegations

unless it appears “beyond doubt” that they cannot prove

any set of facts showing entitlement to relief.

While comparator evidence can establish an inference

of discrimination, it is not the only method for doing so.

Additionally, Circuit courts differ on the extent to which

comparator specificity is required at the pleading stage.

As noted by the district court in this case, the D.C. Circuit

has required plaintiffs to establish comparators are nearly

identical at the pleading stage. For example, in Holbrook

v. Reno, 196 F.3d 255, 261 (D.C. Cir. 1999), clarified that

while plaintiffs are not required to have access to full

comparator information prior to discovery, they must show

comparators are “nearly identical in all relevant respects.”

By contrast, in Smith v. Nev. Dep’t of Motor Vehicle

Off., 2025 U.S. App. LEXIS 12911 (May 28, 2025), the

Ninth Circuit found the district court erred by dismissing

the plaintiff’s Title VII claim on the ground that he did

not allege his named comparator was similarly situated.

The court noted that the fact that the two individuals were

different in one aspect, “does not conclusively establish”

11

that they are not comparators. Id. The court further noted

that while the plaintiff may have to establish he is similarly

situated at the summary judgment stage, he does not at

the pleading stage. Id.

The Second and Eleventh Circuits have emphasized

that plaintiffs need not identify detailed comparator

information at the motion-to-dismiss stage. Instead, these

courts hold that reasonable inferences of discrimination

may be drawn from allegations of differential treatment.

For example, in Smith v. Lockheed-Martin Corp., 644 F.3d

1321 (11th Cir. 2011), the Eleventh Circuit explained that

comparators need not always be nearly identical in all

aspects of employment. The court explained that a failure

to produce a viable comparator “does not necessarily doom

the plaintiff’s case.” Id. The court noted that it is possible

for a jury to infer discrimination based on circumstantial

evidence, even where comparator evidence is lacking. Id.

In Wilson v. B/E Aerospace, Inc., 376 F.3d 1079 (11th

Cir. 2004), the Eleventh Circuit noted that even after

discovery, cases cannot be disposed based only on the

lack of comparator evidence. The court noted that where

other evidence of discriminatory animus exists, summary

disposition of a case is inappropriate, even where there is

no comparator evidence. Id.

In Littlejohn v. City of New York, 795 F.3d 297 (2d

Cir. 2015), the Second Circuit held that a plaintiff could

plausibly allege disparate treatment based on membership

in a protected class without naming specific comparators.

The court also held that while a Title VII plaintiff will

ultimately need evidence to prove discrimination, at

the pleading stage, they benefit from the temporary

12

presumption of discriminatory intent and have a minimal

burden. Id. (citing Swierkiewicz).

Taken together, these decisions establish that

allegations showing differential treatment between the

plaintiff and employees outside the protected class, even

without exhaustive comparator details, are sufficient to

survive a motion to dismiss. Applied here, Ms. Dixon

like many plaintiffs, had limited comparator information

at the pleading stage. What she did know is that other

groups—such as military spouses—received remote work

accommodations. As in Smith, the fact that the comparator

group were military spouses does not conclusively

determine that they did not submit religious exemption

requests. 2025 U.S. App. LEXIS 12911, (May 28, 2025).

That a secular group received the accommodations while

religious requests were disregarded, should be sufficient

under this Court’s precedent to survive a motion to

dismiss.

Requiring more specificity at the pleading stage—

as the lower courts did—conflicts with Swierkiewicz

and undermines the practical operation of Title VII

protections for federal employees.

III. Failure to Accommodate Religion States a Plausible

Title VII Claim Absent Specific Comparator

Evidence

Under Title VII, religion encompasses all aspects

of religious obser vance and practice, and failure

to accommodate a sincerely held belief constitutes

discrimination. In EEOC v. Abercrombie & Fitch Stores,

Inc., 575 U.S. 768 (2015), the Court held that an employer

13

may be liable if the need for accommodation is a motivating

factor in an employment decision, even when the employer

does not have actual knowledge of the belief. This principle

affirms that religious discrimination claims need not await

full discovery of internal deliberations.

In Trans World Airlines, Inc. v. Hardison, 432

U.S. 63 (1977), the Court recognized that reasonable

accommodations must be provided unless they impose

undue hardship, establishing the framework for evaluating

denial of religious exemptions. Similarly, Chalmers

v. Tulon Co., 101 F.3d 1012 (4th Cir. 1996), held that

allegations of informing the employer and suffering

adverse action are sufficient to state a claim at the

pleading stage.

Ms. Dixon alleged that her religious exemption and

remote work requests were denied while comparable nonreligious requests were granted, and that agency officials

acted with animus toward unvaccinated employees. These

allegations, accepted as true, demonstrate a plausible

claim that her religion was a motivating factor in adverse

employment actions. Therefore, her claims should have

survived dismissal despite lacking comparator evidence.

14

CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted,

Theresa Kraft

Counsel of Record

Wilt Toikka Kraft, LLP

1629 K Street NW,

Suite 300

Washington, DC 20006

(202) 508-3647

tkraft@wtk-law.com

Counsel for Petitioner

October 14, 2025

APPENDIX

i

TABLE OF APPENDICES

Page

APPENDIX A — JUDGMENT OF THE UNITED

STATES COURT OF APPEALS FOR THE

DISTRICT OF COLU M BI A CIRCUIT,

FILED JUNE 20, 2025 . . . . . . . . . . . . . . . . . . . . . . . 1a

APPENDIX B — MEMORANDUM OPINION OF

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBI A ,

FILED MARCH 21, 2024 . . . . . . . . . . . . . . . . . . . . . .9a

APPENDIX C — ORDER OF THE UNITED

S TAT E S DI S T R IC T C OU RT FOR

T H E DI S T R IC T OF C OLU M BI A ,

FILED MARCH 21, 2024 . . . . . . . . . . . . . . . . . . . . .25a

APPENDIX D — ORDER OF THE UNITED

STATES COURT OF APPEALS FOR THE

DISTRICT OF COLU M BI A CIRCUIT,

FILED JULY 16, 2025 . . . . . . . . . . . . . . . . . . . . . . . 26a

APPENDIX E — ORDER OF THE UNITED

STATES COURT OF APPEALS FOR THE

DISTRICT OF COLU M BI A CIRCUIT,

FILED JULY 16, 2025 . . . . . . . . . . . . . . . . . . . . . . . 28a

1a

A

APPENDIX AAppendix

— JUDGMENT

OF THE

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT,

FILED JUNE 20, 2025

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 24-5110

TAMI M. DIXON,

Appellant,

v.

SCOTT BESSENT, IN HIS OFFICIAL CAPACITY,

DEPARTMENT OF TREASURY, et al.,

Appellees.

Appeal from the United States District Court

for the District of Columbia

(No. 1:22-cv-03496)

Before: Pillard and Wilkins, Circuit Judges, and

Edwards, Senior Circuit Judge.

Filed June 20, 2025

JUDGMENT

This appeal was considered on the record from the

United States District Court for the District of Columbia

2a

Appendix A

and on the briefs of the parties. See D.C. Cir. R. 34(j). The

Court has accorded the issues full consideration and has

determined that they do not warrant a published opinion.

See D.C. Cir. R. 36(d). It is hereby

ORDERED AND ADJUDGED that the judgment of

the district court be AFFIRMED.

Petitioner Tami Dixon claims that she was constructively

discharged from her position as an enforcement officer for

the Office of Foreign Assets Control (OFAC or Office) in

the Department of the Treasury (Treasury) after her

requests for religious and medical exemptions from the

Office’s COVID-19 prevention policies were denied. Like

other federal employees, Dixon worked remotely during

the COVID-19 pandemic. However, in the spring of 2022

the Office directed Dixon to begin working in-office for a

few days per pay period. Per OFAC policy, employees like

Dixon who had decided not to receive a COVID-19 vaccine

were required to comply with masking/social distancing

rules and regularly test for COVID-19 before entering

agency buildings. First Amended Complaint (Compl.)

¶¶ 52-53, 58 (J.A. 116, 118). Dixon sought religious and

medical exemptions from the return-to-work policy (and

associated COVID-19 safety policies) that would allow

her to continue to work from home, citing primarily a

religious belief in the right to informed medical consent

rooted in Christian doctrine. The Department denied

her requests, explaining that Dixon had not “specifically

state[d] that [her] religious beliefs prohibit [her] from

complying with the safety precautions required to return

to the office,” that it was unclear whether she had a

3a

Appendix A

religious belief incompatible with the safety precautions

or only a “personal preference or desire to avoid returning

to the workplace,” and that there was no “identified . . .

medical condition or limitations that preclude[d] [her] from

working in-office or taking the precautions mandated.”

Compl. ¶¶ 58-59 (J.A. 118-19). Dixon left her position at

OFAC and took a lower-paid position at another agency.

After pursuing administrative remedies, Dixon filed

this suit in the district court against the Secretary of the

Treasury and several individual Treasury employees

(Appellees). In addition to claims under the Religious

Freedom Restoration Act and allegations of a hostile

work environment, both of which Dixon has abandoned on

appeal by not raising in her opening brief, see U.S. ex rel.

Kasowitz Benson Torres LLP v. BASF Corp., 929 F.3d

721, 728, 442 U.S. App. D.C. 205 (D.C. Cir. 2019), Dixon

alleged discrimination on the basis of disability in violation

of the Rehabilitation Act, 29 U.S.C. § 701 et seq., and on

the basis of religion in violation of Title VII of the Civil

Rights Act, 42 U.S.C. § 2000e et seq. See Compl. ¶¶ 102-29

(J.A. 127-30).

The district court granted Appellees’ motion to

dismiss, and Dixon appealed to this court. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo

the dismissal for failure to state a claim, accepting Dixon’s

allegations as true and drawing all reasonable inferences

in her favor. Menoken v. Dhillon, 975 F.3d 1, 5, 449 U.S.

App. D.C. 381 (D.C. Cir. 2020).

4a

Appendix A

I.

Dixon first contests the dismissal of her Rehabilitation

Act claim. The Rehabilitation Act, which was a model for

and incorporates relevant precedent under the Americans

with Disabilities Act (ADA), protects federal employees

from discrimination on the basis of “disability.” Doak v.

Johnson, 798 F.3d 1096, 1098, 418 U.S. App. D.C. 375 (D.C.

Cir. 2015); see 29 U.S.C. § 791(f); 42 U.S.C. § 12102(1).

An individual qualifies as having a disability if they have

a “physical or mental impairment that substantially

limits one or more major life activities,” a “record of

such an impairment,” or is “regarded as having such

an impairment.” 42 U.S.C. § 12102(1). To make out a

“regarded-as” claim, the individual need not show that

the impairment “limits or is perceived to limit a major

life activity,” but the perceived impairment may not be

“transitory and minor.”1 Id. § 12102(3).

The precise nature of Dixon’s Rehabilitation Act

claim is somewhat difficult to discern. Dixon’s complaint

captions the claim as resting “on [a] perceived disability”

and alleges that she was regarded as being medically

unable to use a COVID-19 test that required inserting

“a Q-Tip like device” into her nostrils. Compl. ¶¶ 102-106

1. The Distr ict Cour t suggested that Di xon had to

demonstrate that she was regarded as having an impairment

that substantially limited a major life activity, Dixon v. Yellen,

No. 22-03496, 2024 U.S. Dist. LEXIS 77051, 2024 WL 1831967,

at *2 (D.D.C. Mar. 21, 2024), but that requirement for “regardedas” disability claims was dropped by Congress in the 2008

amendments to the ADA, see Dixon Br. 20-21.

5a

Appendix A

(J.A. 127-28). However, Dixon never explicitly alleges that

OFAC personnel had any such perception, nor any specifics

of the respiratory disability she implies they ascribed to

her. Nor does she challenge on appeal the district court’s

holding that she had failed to administratively exhaust any

claim “based on the theory that [Dixon] has a disability

that prevents her from using a nasal swab for testing.”

Dixon, 2024 U.S. Dist. LEXIS 77051, 2024 WL 1831967, at

*2 n.4. She has thus forfeited any claim of discrimination

based on an alleged inability—or perceived inability—to

use a COVID-19 test. See BASF Corp., 929 F.3d at 728.

Instead, Dixon principally argues that she is covered

by the Rehabilitation Act because Treasury “regarded

[her] as having a communicable disease unless and until

she provided proof of vaccination or negative test results.”

Dixon Br. 22. It is uncontested that Dixon was treated

differently from vaccinated colleagues based on her

unvaccinated status. But Dixon has failed to plausibly

allege that OFAC’s policy or treatment of her was based

on any perceived “impairment” within the meaning of the

Rehabilitation Act. The fact that an employer in the midst

of a global pandemic treats employees who refuse publichealth precautions against contagion as posing elevated

health risks to others in the workplace does not mean the

employer perceives those employees as disabled.

Even if we accept that Dixon has plausibly alleged

that her employer treated her as presumptively infected

with COVID-19, federal courts have generally treated

COVID-19 infection as too “transitory and minor” to

qualify as an impairment under the ADA. See Lundstrom

6a

Appendix A

v. Contra Costa Health Servs., No. 22-cv-06227, 2022 U.S.

Dist. LEXIS 214812, 2022 WL 17330842, at *5 (N.D. Cal.

Nov. 29, 2022) (collecting cases); 42 U.S.C. § 12102(3). A

perception that an employee is infected with COVID-19

may well qualify as a disability in some circumstances,

but a plaintiff bringing such a claim must allege that her

imputed infection was sufficiently serious and lengthy to

meet the ADA’s disability definition. Dixon has not done

so here. Dixon references federal guidance spelling out

how certain forms of “Long COVID” may meet the ADA

definition of a disability, but she has not alleged that she

was regarded as having Long COVID. See Dixon Br. 2223 (citing Guidance on “Long COVID” as a Disability

Under the ADA, Section 504, and Section 1557, Dep’t of

Health & Hum. Servs. & Dep’t of Just. (July 26, 2021),

https://perma.cc/LT6H-5UTS.).

In her reply brief, Dixon abandons her opening

brief’s theory that “[COVID-19] infection is her specific

[perceived] disability.” Reply Br. 7. She instead relies on

“disabilities, including, but not limited to, respiratory

disabilities, sleep disorder, [and] anxiety” that she asserts

should have been accommodated by allowing her to work

from home and avoid getting vaccinated or submitting

to COVID-19 testing. Dixon Reply Br. 6-7. Her failure

to preserve that claim provides further justification for

affirming the dismissal of Dixon’s Rehabilitation Act

claim.

II.

Dixon also appeals the dismissal of her religious

discrimination claim. To state a claim that OFAC violated

7a

Appendix A

Title VII by rejecting Dixon’s request to work remotely,

Dixon must allege facts that “raise an inference” that the

denial was based on her religion. Brown v. Sessoms, 774

F.3d 1016, 1022, 413 U.S. App. D.C. 328 (D.C. Cir. 2014).

The only way Dixon claims to have done so is by identifying

“similarly situated” employees, not part of the protected

class, who had their remote-work requests approved. But

she makes no plausible allegations that employees who

were permitted to work remotely were situated similarly

to her. See generally Breiterman v. U.S. Capitol Police, 15

F.4th 1166, 1174-75, 454 U.S. App. D.C. 369 (D.C. Cir. 2021);

cf. Wheeler v. Georgetown Univ. Hosp., 812 F.3d 1109,

1115-16, 421 U.S. App. D.C. 165 (D.C. Cir. 2016). Dixon

only generally alleges that “Remote Work Arrangements

were in fact being approved for other staff,” with “[a]t least

two persons” already receiving approval, and that she was

told “the only remote work assignments that were being

approved were for military spouses.” Compl. ¶¶ 43, 55, 65,

124 (J.A. 113, 117, 121, 130). Dixon’s acknowledgement that

the agency was apparently granting remote work solely

to employees with military spouses—a criterion she does

not claim applies to her—undercuts the inference she

would have us draw. Nothing in the complaint suggests

any staff members who received remote-work approval

were situated similarly to Dixon, or even that they did

not share her faith.

***

For the foregoing reasons, the District Court’s

dismissal is AFFIRMED. This disposition is unpublished.

8a

Appendix A

See D.C. Cir. R. 36(d). The Clerk is directed to withhold

issuance of the mandate until seven days after the

resolution of a timely petition for rehearing or rehearing

en banc. See Fed. R. A pp. P. 41(b); D.C. Cir. R. 41(a)(1).

Per Curiam

FOR THE COURT:

Clifton B. Cislak, Clerk

BY: /s/

Daniel J. Reidy

Deputy Clerk

9a

B

APPENDIX B — Appendix

MEMORANDUM

OPINION

OF THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA,

FILED MARCH 21, 2024

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Case No. 22-cv-3496 (APM)

TAMI M. DIXON,

Plaintiff,

v.

JANET L. YELLEN, et. al.,

Defendants.

Filed March 21, 2024

MEMORANDUM OPINION

I.

Plaintiff Tami M. Dixon began working for the Office

of Foreign Asset Control at the United States Department

of Treasury in March 2020. That same month, the

COVID-19 pandemic forced the Treasury Department

to institute a maximum telework policy, under which

Dixon transitioned to full-time remote work. Starting in

late 2021, the Department began planning for a return to

in-person work. At first, a federal mandate required all

10a

Appendix B

Treasury Department employees, unless exempted for

medical or religious reasons, to receive the COVID-19

vaccine. Then, after a federal court enjoined the mandate,

the Department required employees to provide either

proof of vaccination or a negative COVID-19 test before

entering an agency facility. Dixon sought exemptions

from these requirements, seeking a continuation of her

telework schedule to accommodate her religious beliefs.

The Treasury Department denied her exemption requests.

Dixon brings suit against (1) Defendant Janet

Yellen, in her official capacity as Secretary of Treasury

(“Secretary”), alleging claims under the Rehabilitation

Act and Title VII, and (2) against her former colleagues

Defendants Michael Liberman, Christa Pennifill, and

Jacqueline Brewer, in their individual capacities under

the Religious Freedom Restoration Act (collectively,

“Individual Defendants”). See Am. Compl., ECF No. 12

[hereinafter Compl.]. Before the court are Defendants’

motions to dismiss. See Mem. in Supp. of the Sec. of

Treasury’s Mot. to Dismiss, ECF No. 15-1 [hereinafter

Sec.’s Mot.]; Mem. of L. in Supp. of Individual Defs.’

Mot. to Dismiss, ECF No. 23-1 [hereinafter Individual

Defs.’ Mot.].1 For the reasons that follow, the motions are

granted.

1. The Secretary notes that although the caption of the

Amended Complaint indicates that the Individual Defendants

are sued in their individual and official capacities, Dixon’s

counsel communicated that the “intent is for Defendants

Lieberman, Pennifill, and Brewer to be [sued] in their individual

capacities only.” Sec.’s Mot. at 1 n.1. Dixon does not dispute

this representation. The court therefore treats the Individual

Defendants as sued only in their individual capacities.

11a

Appendix B

II.

To survive a motion to dismiss under Federal Rule

of Civil Procedure 12(b)(6), a complaint “must contain

sufficient factual matter, accepted as true, to ‘state a claim

to relief that is plausible on its face.’” Ashcroft v. Iqbal,

556 U.S. 662, 678, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009)

(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127

S. Ct. 1955, 167 L. Ed. 2d 929 (2007)). A claim is facially

plausible when “the plaintiff pleads factual content that

allows the court to draw the reasonable inference that the

defendant is liable for the misconduct alleged.” Id. (citing

Twombly, 550 U.S. at 556).

When evaluating a Rule 12(b)(6) motion, the court

must accept a plaintiff’s factual allegations as true and

“construe the complaint ‘in favor of the plaintiff, who

must be granted the benefit of all inferences that can be

derived from the facts alleged.’” Hettinga v. United States,

677 F.3d 471, 476, 400 U.S. App. D.C. 218 (D.C. Cir. 2012)

(quoting Schuler v. United States, 617 F.2d 605, 608, 199

U.S. App. D.C. 23 (D.C. Cir. 1979)); Fed. R. Civ. P. 12(b)(6).

III.

The court first considers Dixon’s Title VII and

Rehabilitation Act claims against the Secretary, before

turning to her claim against the Individual Defendants. 2

2. Although Dixon brings her Title VII and Rehabilitation Act

claims against “all defendants,” neither statute creates a private

right of action against a government official in their individual

capacity. See Smith v. Janey, 664 F. Supp. 2d 1, 8 (D.D.C. 2009),

12a

Appendix B

A.

1.

The court begins with Dixon’s Rehabilitation Act

claim, which alleges discrimination based on a perceived

disability (Count Two). Compl. ¶¶ 102-115. A person is

disabled under the Rehabilitation Act if he “has a physical

or mental impairment which substantially limits one or

more of such person’s major life activities; has a record

of such an impairment; or is regarded as having such an

impairment.” Nurriddin v. Bolden, 674 F. Supp. 2d 64, 82

(D.D.C. 2009) (citing 29 U.S.C. § 705(20)(B)). Dixon relies on

the third statutory definition. An individual “is regarded

as disabled if her employer mistakenly believes that the

person has a physical impairment that substantially limits

one or more major life activities” or “mistakenly believes

that an actual, nonlimiting impairment substantially limits

one or more major life activities.” Thompson v. Rice, 422

F. Supp. 2d 158, 175 (D.D.C. 2006) (cleaned up).

Dixon argues that, because the Secretary’s policy

required unvaccinated employees to be tested, “there is a

presumption that the [employee], although asymptomatic,

aff’d sub nom. Smith v. Rhee, No. 09-7100, 2010 U.S. App. LEXIS

7360, 2010 WL 1633177 (D.C. Cir. Apr. 6, 2010) (“The defendants

are correct that there is no individual liability under Title VII[.]”);

Richardson v. Yellen, 167 F. Supp. 3d 105, 118 (D.D.C. 2016)

(finding that “only the heads of federal agencies in their official

capacity may be sued, not their individual employees,” under the

Rehabilitation Act). The court therefore dismisses the Title VII

and Rehabilitation Act claims against the Individual Defendants.

13a

Appendix B

has COVID[.]” Mem. in Supp. of Opp’n to Sec.’s Mot., ECF

No. 16 [hereinafter Pl.’s Opp’n to Sec.’s Mot.], at 7. 3 But

“[t]his theory of liability has been rejected by multiple

courts.” Schneider v. Cnty. of Fairfax, No. 22-cv-871

(LMB/WEF), 2023 U.S. Dist. LEXIS 35469, 2023 WL

2333305, at *4 (E.D. Va. Mar. 2, 2023), aff’d, No. 23-1303,

2023 U.S. App. LEXIS 22638, 2023 WL 5524752 (4th Cir.

Aug. 28, 2023) (collecting cases); cf. Gallo v. Wash. Nat’ls.

Baseball Club, LLC, No. 22-cv-01092 (APM), 2023 U.S.

Dist. LEXIS 40184, 2023 WL 2455678, at *4 (D.D.C. Mar.

10, 2023) (holding that a perceived disability “does not

cover a case where an employer perceives a person to be

presently healthy with only a potential to become ill and

disabled in the future”) (internal quotation marks and

citations omitted). Nothing in Dixon’s complaint plausibly

suggests that the Secretary believed that, because

Dixon declined vaccination against COVID-19, she had

a substantially limiting physical or mental impairment.

Moreover, even if there were such an allegation, “[f]ederal

courts generally agree that a COVID-19 infection is not a

disability.” Lundstrom v. Contra Costa Health Servs., No.

22-cv-06227 (CRB), 2022 U.S. Dist. LEXIS 214812, 2022

WL 17330842, at *5 (N.D. Cal. Nov. 29, 2022), aff’d, No.

22-16946, 2023 U.S. App. LEXIS 24887, 2023 WL 6140588

(9th Cir. Sept. 20, 2023) (collecting cases under the ADA).

The court therefore dismisses Dixon’s Rehabilitation Act

claim.4

3. References to Pl.’s Opp’n to Sec.’s Mot. are to the CM/

ECF page number.

4. To the extent that Dixon asserts Rehabilitation Act claims

based on the theory that she has a disability that prevents her from

14a

Appendix B

2.

Dixon alleges that the Secretary’s denial of her

requests to continue remote work constituted religious

discrimination under Title VII. She asserts claims of

substantive discrimination, hostile work environment, and

failure-to-accommodate (Count Three). Compl. ¶¶ 116-29.

The court considers each claim in turn.

a.

First, Dixon alleges that the Secretary discriminated

against her by denying her application for remote work

as a religious exemption to the vaccination and testing

requirements. Compl. ¶¶ 116-121. “[T]he two essential

elements of a discrimination claim are that (i) the plaintiff

suffered an adverse employment action (ii) because of

the plaintiff’s race, color, religion, sex, national origin,

age, or disability.” Baloch v. Kempthorne, 550 F.3d 1191,

1196, 384 U.S. App. D.C. 85 (D.C. Cir. 2008). Defendants

do not dispute that the denial of a remote work schedule

using a nasal swab for testing, Compl. ¶¶ 104-107, and that the

Secretary failed to accommodate this disability, Pl’s Opp’n to Sec.’s

Mot at 7, the court agrees with the Secretary that such claims were

not properly exhausted. See Sec.’s Mot. at 11; Reply in Supp. of

Sec.’s Mot., ECF No. 19, at 2; Spinelli v. Goss, 446 F.3d 159, 162,

371 U.S. App. D.C. 20 (D.C. Cir. 2006) (finding that “[t]he district

court . . . should have dismissed [the plaintiff’s] Rehabilitation

Act claim for lack of jurisdiction on the ground that he failed to

exhaust his administrative remedy” because “[s]uch jurisdictional

exhaustion, as we have called it, may not be excused”) (internal

quotation marks and citation omitted).

15a

Appendix B

constitutes an adverse employment decision. See Sec.’s Mot.

at 15-16. The question therefore is whether the Secretary’s

denial gives rise to “an inference of discrimination.” Stella

v. Mineta, 284 F.3d 135, 145, 350 U.S. App. D.C. 300 (D.C.

Cir. 2002). It does not.

Dixon argues that she has adequately pleaded “an

inference of discrimination” because her request to

work remotely as a religious accommodation was denied,

but “others . . . who were requesting [it] . . . for family

circumstance were approved.” Pl.’s Opp’n to Sec.’s Mot.

at 9. A plaintiff can show an inference of discrimination

by “demonstrating that she was treated differently from

similarly situated employees who are not part of the

protected class,” George v. Leavitt, 407 F.3d 405, 412,

366 U.S. App. D.C. 11 (D.C. Cir. 2005), but such method

of proof requires that “all of the relevant aspects of [the

plaintiff’s] employment situation were nearly identical to

those” of her comparators, Holbrook v. Reno, 196 F.3d 255,

261, 339 U.S. App. D.C. 4 (D.C. Cir. 1999) (emphasis added).

Dixon’s Complaint contains no details that would permit an

inference of religious animus. The Complaint only states

that employees who were granted leave to telework were

individuals with military families. Pl.’s Opp’n to Sec.’s

Mot. at 4. Without any allegations showing that Dixon

and these other employees performed “nearly identical”

duties, see Holbrook, 196 F.3d at 261, or any other evidence

to show that her requests to work remotely were denied

due to her religious beliefs, the Title VII discrimination

claim must be dismissed. See Black v. Guzman, No. 22cv-1873 (BAH), 2023 U.S. Dist. LEXIS 71145, 2023 WL

3055427, at *9 (D.D.C. Apr. 24, 2023) (“Failure to show that

16a

Appendix B

a similarly situated employee outside the same protected

class was treated differently generally warrants dismissal

of a Title VII disparate treatment discrimination claim.”)

(citing cases).

b.

Next, Dixon alleges that Secretary’s actions between

September 2021 and July 2022 “created a hostile work

environment.” Compl. ¶ 20. To state a hostile work

environment claim under Title VII, a plaintiff must allege

that her employer “subjected h[er] to discriminatory

intimidation, ridicule, and insult that is sufficiently severe

or pervasive to alter the conditions of [her] employment

and create an abusive working environment.” Baloch,

550 F.3d at 1201 (internal quotation marks and citation

omitted). A hostile work environment is one “permeated

with discriminatory intimidation, ridicule, and insult, that

is sufficiently severe or pervasive to alter the conditions

of the victim’s employment.” Harris v. Forklift Sys., Inc.,

510 U.S. 17, 21, 114 S. Ct. 367, 126 L. Ed. 2d 295 (1993)

(internal quotation marks and citation omitted)

Dixon’s hostile work environment claim centers

on allegations that (1) the Secretary sent frequent

communications urging staff to get vaccinated, some of

which “emphasized the use of discipline” for unvaccinated

employees; (2) her supervisor, Defendant Lieberman,

“peer pressure[d]” staff to get vaccinated and “was not

shy about making [known] his belief that vaccinated people

were good and unvaccinated people were bad”; and (3)

when Lieberman denied her religious accommodation

17a

Appendix B

request, he questioned the nature and tenets of her

religious beliefs and suggested that her request was based

on her personal preference to telecommute. Compl. ¶¶ 2526, 39-40, 61, 128-29. Accepted as true, these alleged acts

are insufficient to create a workplace “permeated with

discriminatory intimidation, ridicule, and insult” that is so

“severe or pervasive” such that it altered the conditions of

her work. Harris, 510 U.S. at 21 (internal quotation marks

and citation omitted); Faragher v. City of Boca Raton, 524

U.S. 775, 788, 118 S. Ct. 2275, 141 L. Ed. 2d 662, (1998)

(“‘[S]imple teasing’, offhand comments, and isolated

incidents (unless extremely serious) will not amount to

discriminatory changes in the ‘terms and conditions

of employment.’”). Nor do these allegations sufficiently

establish that any alleged hostile work environment was

based on her religion.

Numerous courts have rejected similar claims of

hostile work environment based on COVID-19-related

workplace requirements, which in some instances included

isolated commentary on an employee’s religious beliefs.

See, e.g., Grimes v. N. Y. & Presbyterian Hosp., No.

1:23-cv-652-MKV, 2024 U.S. Dist. LEXIS 32964, 2024

WL 816208, at *11 (S.D.N.Y. Feb. 26, 2024) (dismissing

hostile work environment claims predicated on reminders

of consequences of noncompliance with employer’s vaccine

mandate); Swanson v. Lilly USA, LLC, No. 23-cv-00831TWP/TAB, 2024 U.S. Dist. LEXIS 5861, 2024 WL 125978,

at *9 (S.D. Ind. Jan. 10, 2024) (rejecting Title VII hostile

work environment claim based on employer’s vaccine

mandate); Est. of Caviness v. Atlas Air, Inc., No. 22-cv23519-KMM, 693 F. Supp. 3d 1271, 2023 U.S. Dist. LEXIS

18a

Appendix B

167370, 2023 WL 6802950, at *6 (S.D. Fla. Sept. 20, 2023)

(rejecting hostile work environment claim where a plaintiff

claimed to having been once “ridiculed and mocked” for

his religious beliefs and removed from “flight status” due

to his religious beliefs); Anderson v. United Airlines, Inc.,

No. 23-cv-989, 2023 U.S. Dist. LEXIS 155985, 2023 WL

5721594, at *7 (N.D. Ill. Sept. 5, 2023) (rejecting hostile

work environment claim based on employer’s requirement

to wear a face mask or carry a vaccine card); Leake v.

Raytheon Techs. Corp., No. 22-cv-00436-TUC/RM, 2023

U.S. Dist. LEXIS 32177, 2023 WL 2242857, at *5 (D.

Ariz. Feb. 27, 2023) (“Plaintiffs’ allegation that a hostile

work environment was created through the requirement

that vaccination-exempt employees wear facial protection

and submit to weekly COVID-19 testing for a virus that

has claimed the lives of over one million Americans, and

counting, is shocking to the Court.”). Like the plaintiffs

in these cases, Dixon has not made out a plausible claim

of hostile work environment.

Dixon cannot save her hostile work environment claim

based on how she subjectively experienced the agency’s

actions. She contends that because of the agency’s “mob

mentality” towards COVID-19 vaccinations she became

“depressed and felt isolated,” Pl.’s Opp’n to Sec.’s Mot.

at 13, and that “she experienced anxiety related to her

concern that she would not be able to continue her job

without the Remote Work Agreement,” Compl. ¶ 126.

To be actionable, however, the alleged conduct must be

“objectively hostile,” such that “a reasonable person would

find the environment hostile or abusive.” Harris, 510

U.S. at 21. Plaintiff’s retelling of how she felt therefore

19a

Appendix B

is irrelevant. Plaintiff’s hostile work environment claim

is dismissed.

c.

Last, Di xon brings a failure-to-accommodate

claim. Title VII contains a provision prohibiting an

employer from discriminating based on an individual’s

religion “unless [the] employer demonstrates that he

is unable to reasonably accommodate to an employee’s

. . . religious observance or practice without undue

hardship on the conduct of the employer’s business.” 42

U.S.C. § 2000e(j) (2000). Neither the Supreme Court

nor the D.C. Circuit have articulated a framework under

Title VII for an alleged failure to accommodate an

employee’s religious beliefs. See Ansonia Bd. of Educ.

v. Philbrook, 479 U.S. 60, 67, 107 S. Ct. 367, 93 L. Ed. 2d

305 (1986) (declining petitioner’s request “to establish

for religious accommodation claims a proof scheme

analogous to that developed in other Title VII contexts,

delineating the plaintiff’s prima facie case and shifting

production burdens”); Lemmons v. Georgetown Univ.

Hosp., 431 F. Supp. 2d 76, 95 n.22 (D.D.C. 2006) (citing

Taub v. FDIC, No. 96-5139, 1997 U.S. App. LEXIS

41401, 1997 WL 195521, at *1 (D.C. Cir. Mar. 31, 1997)).

Defendant urges the court to evaluate Dixon’s claim

under a three-element standard used by various federal

courts, including ones in this District. Those elements

are that the plaintiff: (1) held a bona fide religious

belief conflicting with an employment requirement;

(2) informed her employers of this belief; and (3) was

disciplined for failure to comply with the conflicting

20a

Appendix B

employment requirement. Sec.’s Mot. at 19; see Rashad

v. Wash. Metro. Area Transit Auth., 945 F. Supp. 2d

152, 161 (D.D.C. 2013); Isse v. Am. Univ., 540 F. Supp.

2d 9, 29 (D.D.C. 2008); Lemmons, 431 F. Supp. 2d at

95 (collecting cases). Because Dixon does not object to

this framework, the court will apply it.

Dixon’s claim falters on the third element because

she never alleges that her non-compliance resulted in

discipline or even a threat of discipline.5 Dixon’s complaint

baldly states that “[t]he Treasury Department retaliated

against [her] when it threatened to bring disciplinary

action against her for working remotely,” Compl. ¶ 67, and

that “she [was] harmed by Defendant’s threat of increasing

discipline,” id. ¶ 111. She has not, however, alleged who

made these threats, the substance of the alleged threats,

when and how these threats were made, or any other

circumstances that would plausibly support a threat of

discipline. Moreover, paragraph 67 of the Complaint

merely references the charges she raised administratively,

see id. ¶ 67.e, which likewise provide no factual support for

5. Federal courts have reached opposing conclusions as to

whether a “threat of discipline” is sufficient to state a failure-toaccommodate claim. Compare Isse v. Am. Univ., 540 F. Supp. 2d

9, 29 n.24 (D.D.C. 2008) (noting the lack of precedent indicating

that an employee need only show “threatened adverse treatment”)

with Khan v. Fed. Rsrv. Bank of New York, No. 02-cv-8893-JCF,

2005 U.S. Dist. LEXIS 1543, 2005 WL 273027, at *7 (S.D.N.Y.

Feb. 2, 2005) (“[A]n instance of actual discipline is not necessary

to establish an adverse employment action: the threat of a sanction

is enough.”). But the court need not resolve the issue, as Dixon

has failed to allege a threat of discipline.

21a

Appendix B

any alleged threat of discipline, see Ex. 16 to Sec.’s Mot.,

ECF No. 15-17 (administrative complaint, dated August

10, 2022). Accordingly, Dixon’s failure-to-accommodate

claim is dismissed.

B.

Having dismissed both of her claims against the

Secretary, the court turns to Dixon’s Religious Freedom

Restoration Act (“RFRA”) claims against the Individual

Defendants. The RFRA, 42 U.S.C. § 2000bb et seq.,

authorizes individual-capacity suits against government

officials. Tanzin v. Tanvir, 592 U.S. 43, 47 (2020).

Defendants contend that “qualified immunity shields

[them] from [RFRA] liability because the complaint fails

to plausibly state a claim of violation of clearly established

law.” Individual Defs.’ Mot. at 2 (citing Mitchell v. Forsyth,

472 U.S. 511, 526, 105 S. Ct. 2806, 86 L. Ed. 2d 411 (1985)).

The court agrees.

Qualified immunity “protects government officials

from liability for civ il damages insofa r as thei r

conduct does not violate clearly established statutory

or constitutional rights of which a reasonable person

would have known.” Pearson v. Callahan, 555 U.S. 223,

231, 129 S. Ct. 808, 172 L. Ed. 2d 565 (2009) (internal

quotation marks omitted). “Because qualified immunity

provides an immunity from suit rather than a mere

defense to liability, the viability of a duly asserted

qualified immunity defense should be resolved at the

earliest possible stage in litigation.” Bernier v. Allen,

22a

Appendix B

38 F.4th 1145, 1152, 457 U.S. App. D.C. 317 (D.C. Cir.

2022) (cleaned up). A defendant’s “conduct violates clearly

established law when, at the time of the challenged

conduct, the contours of a right are sufficiently clear

that every reasonable official would have understood that

what he is doing violates that right.” Ashcroft v. al-Kidd,

563 U.S. 731, 741, 131 S. Ct. 2074, 179 L. Ed. 2d 1149

(2011) (internal quotation marks omitted). Applying these

principles to the present case, the Individual Defendants

cannot be held liable unless Dixon can point to “clearly

established law” that would have put them on notice that

their denial of her telework request imposed a substantial

burden on her exercise of religion.

Dixon attempts to locate a violation of “clearly

established law” in two places. First, she points to the

RFRA and Title VII. Pl.’s Opp’n to Individual Defs.’ Mot.,

ECF No. 25, at 5-6. According to her, since the RFRA

was enacted in 1997, “federal employees in supervisory

positions were on notice of the potential violation of

religious rights.” Id. at 5. But such a right is far too

abstract to rebut an assertion of qualified immunity. The

Supreme Court has “repeatedly stressed that courts

may not define clearly established law at a high level

of generality,” as doing so “avoids the crucial question

whether the official acted reasonably in the particular

circumstances that he or she faced.” District of Columbia

v. Wesby, 583 U.S. 48, 63-64, 138 S. Ct. 577, 199 L. Ed.

2d 453 (2018) (internal quotation marks omitted). Simply

pointing to federal statutes in this case “is of little help

in determining whether the violative nature of particular

23a

Appendix B

conduct is clearly established.” See al-Kidd, 563 U.S. at

742.

S econd, Di xon cont ends that t he Ind iv idua l

Defendants were on notice from Executive Branch

guidance on “religious exercise and expression in the

federal workplace,” issued by both Presidents Clinton

and Trump. Pl.’s Opp’n to Individual Defs.’ Mot. at 5;

see Guidelines on Religious Exercise and Religious

Expression in the Federal Workplace, § l(A), Aug. 14,

1997; Off. Att ’y Gen., Mem. for Exec. Dep’ts & Agencies,

Federal Law Protections for Religious Liberty (Oct.

6, 2017). But these are not proper sources of “clearly

established law.” “To be sufficiently clearly established,

a right need not rest on controlling authority directly

on point, ‘but existing precedent must have placed the

statutory or constitutional question beyond debate.’”

Bernier, 38 F.4th at 1152 (quoting al-Kidd, 563 U.S.

at 741). “Qualified immunity may be unavailable when

plaintiffs identify ‘cases of controlling authority in their

jurisdiction at the time of the incident’ or ‘a consensus

of cases of persuasive authority such that a reasonable

officer could not have believed that his actions were

lawful.’” Id. (quoting Wilson v. Layne, 526 U.S. 603,

617, 119 S. Ct. 1692, 143 L. Ed. 2d 818 (1999)). Plaintiff

cites to no such law that would have put these Individual

Defendants on notice that enforcing a vaccine mandate

or a testing requirement, or rejecting her telework

application, violated the RFRA. Thus, qualified immunity

shields the Individual Defendants from liability.

24a

Appendix B

IV.

For the foregoing reasons, Defendants’ Motions to

Dismiss, ECF Nos. 15, 23, are granted. A final, appealable

order accompanies this Memorandum Opinion.

Dated: March 21, 2024

/s/ Amit P. Mehta

Amit P. Mehta

United States District

Court Judge

25a

C

APPENDIXAppendix

C — ORDER

OF THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA,

FILED MARCH 21, 2024

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Case No. 22-cv-3496 (APM)

TAMI M. DIXON,

Plaintiff,

v.

JANET L. YELLEN, et. al.,

Defendants.

Filed March 21, 2024

ORDER

For the reasons set forth in the court’s Memorandum

Opinion, ECF No. 28, Defendants’ Motions to Dismiss,

ECF Nos. 15, 23, are granted as to all claims against all

Defendants. This action is hereby dismissed.

This is a final, appealable order.

Dated: March 21, 2024

/s/ Amit P. Mehta

Amit P. Mehta

United States District

Court Judge

26a

Appendix

D UNITED STATES

APPENDIX D — ORDER

OF THE

COURT OF APPEALS FOR THE

DISTRICT OF COLUMBIA CIRCUIT,

FILED JULY 16, 2025

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 24-5110

1:22-cv-03496-APM

September Term, 2024

TAMI M. DIXON,

Appellant,

v.

SCOTT BESSENT, IN HIS OFFICIAL CAPACITY,

DEPARTMENT OF TREASURY, et al.,

Appellees.

BEFORE: Pillard and Wilkins, Circuit Judges;

Edwards, Senior Circuit Judge.

Filed July 16, 2025

ORDER

Upon consideration of appellant’s petition for panel

rehearing filed on July 7, 2025, it is

27a

Appendix D

ORDERED that the petition be denied.

Per Curiam

FOR THE COURT:

Clifton B. Cislak, Clerk

BY: /s/

Lillian R. Wright

Deputy Clerk

28a

Appendix

E UNITED STATES

APPENDIX E — ORDER

OF THE

COURT OF APPEALS FOR THE

DISTRICT OF COLUMBIA CIRCUIT,

FILED JULY 16, 2025

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 24-5110

1:22-cv-03496-APM

September Term, 2024

TAMI M. DIXON,

Appellant,

v.

SCOTT BESSENT, IN HIS OFFICIAL CAPACITY,

DEPARTMENT OF TREASURY, et al.,

Appellees.

BEFORE: Srinivasan, Chief Judge; Henderson,

Millett, Pillard, Wilkins, Katsas, Rao,

Walker, Childs, Pan, and Garcia, Circuit

Judges; Edwards, Senior Circuit Judge

Filed July 16, 2025

ORDER

Upon consideration of appellant’s petition for

rehearing en banc, and the absence of a request by any

member of the court for a vote, it is

29a

Appendix E

ORDERED that the petition be denied.

Per Curiam

FOR THE COURT:

Clifton B. Cislak, Clerk

BY: /s/

Lillian R. Wright

Deputy Clerk

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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