SAN DIEGO — Claudia Hernandez worked as a custodian at San Diego State University for four years before she was fired last December. She's now suing the university for wrongful termination over her religion, Santeria.
CBS 8 spoke with her attorney, Kiersten Yamamoto.
"I don't think it's so much the religious practices, it's more so the employer's obligation to respect and protect rights of employees who have sincerely held beliefs," Yamamoto said.
Santeria is an Afro-Cuban religion rooted in the practices of Yoruba people with some elements of Catholicism.
The lawsuit said Hernandez's coworkers started accusing her of practicing witchcraft around January of last year. She was told a petition was made to remove her as lead custodian.
Complaints filed by coworkers were said to have indicated her religious practices were intimidating and that she was getting favoritism from her supervisor because they had a romantic relationship, which Hernandez said was not true.
The complaints launched an investigation into Hernandez and her supervisor's relationship. The documents said due to stress at work, she performed a Santeria religious ritual used to promote good fortune.
To perform the ritual, she was required to carry dead baby chickens and leave them at the jobsite. She brought the chickens to campus in a paper bag and left them to be collected with the trash.
The chickens were found on campus and sparked another investigation ultimately leading to her termination.
"The termination was because of her bringing the baby chickens to work, and that is a religious practice that is sincerely held to her," Yamamoto said.
Hernandez is suing SDSU, Board of Trustees of the California State Universities and multiple former coworkers.
In a statement to CBS 8, an SDSU spokesperson said:
"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."