A suit was filed this week in a New York federal district court by an employee of Thermo Fisher Scientific alleging that the company is required under Title VII and the New York State Human Rights Law to provide plaintiff an investment option in the company's 401(k) plan that is consistent with plaintiff's religious beliefs. The complaint (full text) in Hartley v. Thermo Fisher Scientific, Inc., (WD NY, filed 8/4/2026) alleges in part:
4. Dr. Hartley sincerely holds the belief that investing his money in fossil fuels is morally wrong and in violation of his religious convictions.
5. Dr. Hartley believes his Christian faith commands him to care for and steward the earth, and that actively investing in and profiting from fossil fuel companies whose work directly harms the earth and its inhabitants violates his religious obligations.
6. Because each of Thermo Fisher’s current equity-based retirement plan options maintains significant investments in fossil-fuel companies, Dr. Hartley is forced to either compromise his religious beliefs or forego a significant component of his employer-provided benefit.
7. To remedy this conflict, Dr. Hartley requested that his employer provide him with an accommodation that would allow him to partake of the benefits of his 401(k) plan in a manner consistent with his faith....
44. Defendant Thermo Fisher’s failure to provide the accommodation sought (a retirement fund option that allows Dr. Hartley to invest in a manner consistent with his religious beliefs) violates Title VII of the Civil Rights Act of 1964, as amended....
The complaint also contends that the company's refusal to provide the investment option sought by plaintiff amounts to religious discrimination.
ClientEarth announced the filing of the lawsuit. HR Dive reports on the lawsuit.
