Desmarais v. Granholm

CourtDistrict Court, District of Columbia
DecidedFebruary 25, 2026
DocketCivil Action No. 2023-1541
StatusPublished

This text of Desmarais v. Granholm (Desmarais v. Granholm) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Desmarais v. Granholm, (D.D.C. 2026).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MARC DESMARAIS,

Plaintiff,

v. Civil Action No. 23 - 1541 (LLA)

CHRISTOPHER A. WRIGHT, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

Plaintiff Marc Desmarais filed this employment discrimination action against the United

States Department of Energy (“DOE”), Secretary of Energy Christopher A. Wright, and DOE

employees Jennifer Rodgers and Carl Coe (collectively, “Defendants”). 1 ECF No. 1. In

August 2024, the court granted in part Defendants’ motion to dismiss Mr. Desmarais’s claims

alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and

denied the motion as to one count of religious discrimination. ECF No. 18. Defendants have filed

a motion for judgment on the pleadings as to the remaining claim, in which Mr. Desmarais alleges

that Defendants deprioritized his request for a religious accommodation. ECF No. 28. For the

reasons explained below, the court denies Defendants’ motion.

1 Mr. Desmarais named former Secretary of Energy Jennifer M. Granholm and former DOE Chief of Staff Tarak Shah as Defendants, but Secretary Wright and Mr. Coe are “automatically substituted” as parties pursuant to Federal Rule of Civil Procedure 25(d). I. FACTUAL BACKGROUND

In resolving Defendants’ motion for judgment on the pleadings, the court will assume that

the facts alleged in Mr. Desmarais’s complaint are true. Schuler v. PricewaterhouseCoopers, LLP,

514 F.3d 1365, 1370 (D.C. Cir. 2008); Murphy v. Dep’t of Air Force, 326 F.R.D. 47, 49

(D.D.C. 2018).

Marc Desmarais works as a Power System Dispatcher Supervisor for the Department of

Energy’s Western Area Power Administration. ECF No. 1 ¶ 3. On September 9, 2021, President

Joseph R. Biden issued Executive Order (“EO”) 14043 requiring all federal employees, like

Mr. Desmarais, to receive the COVID-19 vaccine. Id. ¶¶ 19, 38. Shortly thereafter,

Mr. Desmarais submitted a request for a religious accommodation, explaining that getting

vaccinated would violate his sincerely held religious beliefs. Id. ¶¶ 39-42. Mr. Desmarais “is a

Christian and decisions made pursuant to his Catholic-based faith hinge upon a well-formed

conscience,” and “[a]s a Christian, [his] well-formed conscience leads him to sincerely believe he

cannot inject unknown vaccines into his body.” Id. ¶ 40. Further, Mr. Desmarais “sincerely

believes his body is not to be altered in any way other than through means by which God created

or through scientifically proven, safe, and effective necessary medical intervention. To consume

or knowingly inject anything else into his body would constitute a sin.” Id. ¶ 41. Mr. Desmarais

also believes that “abortion is a sin and because each and every COVID-19 vaccine available at all

times relevant was . . . created through the use of aborted fetal cell line tissues, [he] was prohibited

from injecting into his body a product that but-for abortion, would not exist.” Id. ¶ 42.

On December 27, 2021, Defendants told Mr. Desmarais that his request for a reasonable

accommodation “would be processed in a ‘specific order,’” pursuant to which “Defendants refused

to respond to religious accommodation requests and only focused on medical accommodation

2 requests.” Id. ¶ 50. On January 24, 2022, a federal court enjoined EO 14043’s vaccine mandate.

Id. ¶ 54. Mr. Desmarais was “relieved to learn” that he was no longer obligated to become

vaccinated. Id. DOE confirmed that, in light of the nationwide injunction, it would take no action

to enforce EO 14043’s vaccine requirement. Id. ¶ 56. The injunction remained in effect until

President Biden revoked the Executive Order on May 12, 2023. ECF No. 13-1, at 5.

II. PROCEDURAL HISTORY

Mr. Desmarais filed this suit in May 2023. ECF No. 1. After Defendants filed a motion

to dismiss, ECF No. 13, Mr. Desmaris voluntarily dismissed some of his claims, ECF No. 16, at i

n.1, 6, leaving only his claims against Defendants in their official capacities alleging disparate

treatment on the basis of religion (Counts I and IV), ECF No. 1 ¶¶ 88-106, 133-140, see ECF

No. 18 at 6 n.1; and failure to accommodate on the basis of religion (Count VI), ECF No. 1

¶¶ 150-158.

In August 2024, the court concluded that Mr. Desmarais had plausibly alleged that

Defendants engaged in religious discrimination by deprioritizing his accommodation request and

allowed Count IV to proceed, ECF No. 18, at 10-12, but it dismissed Counts I and VI, id. at 7-8,

18. In April 2025, Defendants filed a motion for judgment on the pleadings on Count IV pursuant

to Federal Rule of Civil Procedure 12(c). ECF No. 28. The motion is fully briefed. ECF Nos. 28,

30, 31.

III. LEGAL STANDARD

Federal Rule of Civil Procedure 12(c) provides that “[a]fter the pleadings are closed—but

early enough not to delay trial—a party may move for judgment on the pleadings.” Such a motion

“is designed to dispose of cases where the material facts are not in dispute and a judgment on the

3 merits can be rendered by looking at the substance of the pleadings and any judicially noted facts.”

Tapp v. Wash. Metro. Area Transit Auth., 306 F. Supp. 3d 383, 391 (D.D.C. 2016) (quoting All.

of Artists & Recording Cos. v. Gen. Motors Co., 162 F. Supp. 3d 8, 16 (D.D.C. 2016)). “Because

Rule 12(c) provides judicial resolution at an early stage of a case, the party seeking judgment on

the pleadings shoulders a heavy burden of justification.” Dist. No. 1 v. Liberty Mar. Corp., 933

F.3d 751, 760 (D.C. Cir. 2019). Unlike a motion to dismiss under Rule 12(b)(6), which requires

“the mere determination that the plaintiff’s complaint is too deficient to proceed,” a party filing a

motion under Rule 12(c) “must demonstrate that the law entitles him to win given the undisputed

facts that have been alleged in both parties’ pleadings.” Murphy, 326 F.R.D. at 49.

In considering a Rule 12(c) motion, “the court relies on ‘the facts alleged in the complaint,

documents attached to the complaint as exhibits or incorporated by reference, and matters about

which the court may take judicial notice.’” Tapp, 306 F. Supp. 3d at 392 (quoting Allen v. U.S.

Dep’t of Educ., 755 F. Supp. 2d 122, 125 (D.D.C. 2010)). “[A]ll of the well pleaded factual

allegations in the adversary’s pleadings are assumed to be true and all contravening assertions in

the movant’s pleadings are taken to be false.” Id. (quoting 5C Charles Alan Wright, et al., Federal

Practice and Procedure § 1368 (3d ed. 2004)). But the court need not accept factual allegations

in the complaint as true “insofar as they contradict . . . matters subject to judicial notice,” Kaempe

v. Myers, 367 F.3d 958, 963 (D.C. Cir.

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