Custodian fired after religious ritual with dead chicks at California college, suit says
A California woman lost her job as San Diego State University’s lead custodian last year because of her religion, Santeria, according to a new lawsuit that says she was wrongly fired.
The university launched an investigation in July 2023 after staff found dead baby chickens the woman brought to campus as part of a ritual related to her religious beliefs, the lawsuit filed Dec. 3 in San Diego County Superior Court says.
A few months later, San Diego State University fired her, telling her that her religious practices made other employees “uncomfortable” and caused “issues,” according to the complaint. The lawsuit was first reported on by CBS 8.
A university spokesperson told McClatchy News on Dec. 18 that:
“We foster a welcoming, inclusive environment for all faculty, students and staff and respect individual religions. Regardless of religion, no one is permitted to dispose of dead animals on campus property.”
Before the woman’s firing, she was promoted earlier in 2023, according to the complaint. She had worked for the university since April 2019, the complaint says.
Her coworkers began complaining about her soon after her promotion, accusing her of witchcraft because she practices Santeria, stealing supplies from the university, and having a romantic relationship with a supervisor — all false claims, the complaint says.
One of her colleagues started a petition to remove her as the university’s lead custodian, according to the complaint.
The complaints from her coworkers created stress for the woman, who then performed a religious ritual for good fortune, the complaint says The ritual had to be done on San Diego State University’s campus, in accordance with her beliefs, according to the complaint.
“To perform this ritual, (she) was required to carry dead baby chickens, and leave them at the jobsite,” the complaint reads.
The woman brought dead chicks inside a paper bag and left them in a place she felt wouldn’t disrupt anyone, near garbage, according to the complaint. She hoped the bag would be collected with the nearby trash on campus, the complaint says.
After the bag was found, an investigation followed, according to the complaint, which says she was demoted and put on paid administrative leave.
The woman tried to explain the purpose of the religious ritual in a July 2023 meeting with her supervisor, who said it “made things worse,” and “mocked” the ritual, the complaint says.
The supervisor told her that her coworkers felt “intimidated by Hernandez due to her religion, describing it as ‘weird,’” the complaint says.
“I heard you killed a snake to put a spell on your ex-husband,” the supervisor is accused of saying to her.
The Santeria religion has roots in West Africa and comes from one of Nigeria’s largest ethnic groups: the Yoruba. After Yorubans introduced Santeria to the Caribbean when their people were enslaved in Cuba in the 19th century, it spread to Latin America and the U.S., according to Encyclopedia Britannica. The religion’s practice involves divination and sacrifice.
The woman’s lawsuit also names her coworkers, as well as California State University and its board of trustees. San Diego State University is one of several California State University campuses.
The former employee is suing on several causes of action, including discrimination on the basis of religion, hostile work environment harassment based on her religion, retaliation and wrongful termination, the complaint shows.
“The termination was because of her bringing the baby chickens to work, and that is a religious practice that is sincerely held to her,” one of her attorneys, Kiersten Yamamoto, told CBS 8.
The lawsuit says her firing went against several public policies in place, violating both state and federal laws, including the California Constitution.
The complaint also accuses the defendants of purposely causing her emotional distress.
“Defendants were aware that treating (the woman) in the manner alleged above, including depriving (her) of her livelihood, would devastate (her) and cause her extreme hardship,” the complaint says.
The woman seeks more than $35,000 in damages and a jury trial with her lawsuit.
This story was originally published December 18, 2024 at 9:31 AM with the headline "Custodian fired after religious ritual with dead chicks at California college, suit says."
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