Originally published October 12, 2023 6:26 am PDT
Honolulu, HI – A lawsuit has been initiated by the Pacific Justice Institute (PJI) alleging that the Hawaii Symphony Orchestra (HSO) engaged in religious discrimination against a longtime musician, John P. Gallagher.
The litigation revolves around the HSO’s “failure to grant Mr. Gallagher a religious accommodation to a term of employment” and the subsequent “adverse employment actions” taken against him, which purportedly breaches Title VII and Hawaii State’s equivalent, HRS Chapter 378.
Mr. Gallagher, described as a “world-class bassist,” has been a “loyal, core member of HSO since 1997.”
His dedication both as a bass player and to the HSO’s mission is highlighted in a press release from PJI.
The controversy arose when, in October 2021, HSO instituted a “COVID vaccine mandate on all its musicians.”
This mandate did provision for “religious accommodations.”
In response, Gallagher put forward a “request for religious accommodation, citing his sincerely held Catholic beliefs.”
It is noted that he was “prepared and willing to follow all reasonable alternatives, such as masking and periodic COVID testing, as permitted by the policy itself and routinely allowed by other businesses and local governments.”
Yet, HSO “flatly rejected Mr. Gallagher’s request” under the premise that catering to such an accommodation would inflict an ‘undue hardship’ on the orchestra.
Following this decision, Gallagher was “placed on indefinite unpaid leave, despite his readiness, willingness, and ability to perform.”
PJI, the organization representing Gallagher, cites a precedent in this matter: “Guided by the US Supreme Court’s recent decision in Groff v DeJoy, Mr. Gallagher’s religious accommodation should have been granted because it would not have created an undue hardship for HSO,” quoted Joe Gomes, PJI Hawaii Staff Attorney.
Adding another layer to the dispute is the fact that, “while Mr. Gallagher was denied religious accommodation and placed on indefinite unpaid leave, it seems that HSO granted religious accommodation to another HSO musician who was not subjected to unpaid leave.”
PJI stands firm in its representation, lauding Gallagher for his resilience.
The press release states that he has “held fast to his faith and his desire to protect religious liberties under the law.”
