36 Loy. L. A. L. Rev. 1709 (2002-2003)
Vegan Discrimination: An Emerging and Difficult Dilemma

handle is hein.journals/lla36 and id is 1745 raw text is: VEGAN DISCRIMINATION: AN EMERGING AND
On Tuesday, September 17, 2002, Division Five of the Second
Appellate District of the California Court of Appeal handed down its
decision in Friedman v. Southern California Permanente Medical
Group.' According to that decision, Ethical Veganism is not a
religious creed within the meaning of the California Fair
Employment and Housing Act.2 The plaintiff, Jerry Friedman, is a
strict Ethical Vegan who fervently believes that 'all living beings
must be valued equally.'3 According to his beliefs, 'it is immoral
and unethical for humans to kill or exploit animals, even for food,
clothing and the testing of product safety for humans.'4  Quite
simply, the Ethical Vegan belief system guides the way he lives his
entire life.5
Friedman was hired for employment as a computer contractor by
Kaiser Permanente Medical Group (Kaiser) in a capacity that would
never place him in contact with patients.6 Although a condition of
his permanent employment was a vaccination against mumps,7
Friedman could not be vaccinated because the vaccine is grown in
1. 102 Cal. App. 4th 39, 125 Cal. Rptr. 2d 663 (2002).
2. See id. at 43, 125 Cal. Rptr. 2d at 665; CAL. GOv'T. CODE § 12940
(West Supp. 2003).
3. Friedman at 102 Cal. App. 4th at 44, 125 Cal. Rptr. 2d at 665 (quoting
from plaintiff's original complaint).
4. Id.
5. See id. at 44, 125 Cal. Rptr. 2d at 666 (according to plaintiffs original
6. See id.
7. See id. The Measles, Mumps and Rubella Virus Vaccine Live (MMR)
is manufactured by Merck & Co. It is formed from a sterile preparation of the
measles and mumps viruses, grown in cultures of chick embryo cells, and a
live strain of rubella virus grown in human diploid lung fibroblasts. 51


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