Hershey spa accused of punishing worker over religious beliefs

A Hershey spa employee has filed a federal lawsuit claiming her religious rights were violated after she requested to not escort a biological male identifying as a transgender woman into the women’s locker room — an accommodation her employer initially granted, then rescinded.

Jeriah Sellers was hired in 2023 as a part-time concierge at the MeltSpa by Hershey where her duties include escorting guests to the locker rooms. She was expected to accompany women inside the women’s locker room and to explain the amenities but was not expected to take men inside the men’s locker room.

According to Sellers’ attorney and the complaint, on May 28, 2025, shortly after arriving for her shift, Sellers’ supervisor asked her to escort a biological male who identifies as female into the women’s locker room when the guest arrived later that day. Sellers explained to the supervisor that she was not comfortable taking a man into the women’s locker room. The supervisor allegedly agreed that Sellers could be accommodated by having another employee accompany him to the women’s room. 

It appeared that the accommodation was granted and the guest was served without an issue. Three days later a manager discussed the request with Sellers, where Sellers explained she was not comfortable taking a man into the women’s locker room because of her religious beliefs, including that girls and women undress in that same space. The manager confirmed with Sellers that the same religious accommodation could be made in future situations, but would run it by the Human Resources Department.

However, a few days later, on June 4, 2025, Sellers was called into a meeting with her supervisor and a Human Resources representative where she was informed that she violated the company’s “Transgender Policy.” As a result, she was issued a formal written reprimand and was suspended for the day in question without pay.

The Human Resources representative allegedly said during the meeting, “Hershey wants you to leave your personal, religious, and political beliefs at the door.”

Sellers was given, for the first time, a copy of the spa’s Transgender Policy and instructed to sign a Personnel Action Memorandum which she refused to do. She was then suspended, escorted off the premises and her badge was taken.

The lawsuit is filed in federal court alleging religious discrimination, failure to accommodate, and disparate impact under Title VII and the Pennsylvania Human Relations Act (PHRA).

Hershey Entertainment and Resorts responded to a request for comment and appears to hold a different understanding of what transpired. 

“While we typically do not discuss specific details of individual personnel matters, there are clear differences between what has been reported and what is documented to have occurred,” wrote Kristin Kellum, responding on behalf of Hershey.  “No religious accommodation was requested before or during the spa service, and the team member did not indicate she could not assist the guest for religious reasons. Afterward, we asked the team member — who remains employed — to complete a religious accommodation form so we could better understand her concern. Unfortunately, the form has yet to be submitted despite multiple requests on our part.”

“It is important to note that Pennsylvania law through the Pennsylvania Human Relations Act requires that every business open to the public, including spas and similar facilities like ours, offer their services free from discrimination against individuals on the basis of sex, which includes gender identity per governing regulations.Hershey Entertainment & Resorts is committed to ensuring every guest feels welcome, comfortable, and safe at our properties. We proudly serve and employ people from all backgrounds and beliefs, and we treat everyone with the respect and dignity they deserve.”

Based on the statement, Hershey’s position is that Sellers did not complete a formal religious accommodation form; yet, the Equal Employment Opportunity Commission (EEOC) does not require the request to be in writing.

Under the section, “How can an employee request a religious accommodation?” the answer is straightforward:

“An employee seeking a religious accommodation should make their employer aware of their need for an accommodation for a religious reason. The request need not be in writing, and so long as the employer knows the employee needs a religious accommodation, no ‘magic words’ are required.”

The complaint filed in federal court asserts that Sellers, as a Christian, “wanted to figure out how best to respond to this situation in a positive way for everyone, but that she was not comfortable escorting a biological male into the Women’s Locker Room because it went against her religious beliefs, which also included her concern for other female guests who may be uncomfortable having a biological male present in the designated female locker room facility.”

The suit further asserts that Sellers “treats all male guests well, no matter how they identify” and that she “was more than happy to help any male with any aspect of their visit.”

Sellers’ accommodation request “was limited only to escorting the male guest to and into the Women’s Locker Room, and she was not objecting to serving or escorting this guest or any other male guest generally to other areas of the Spa.”

The spa’s policy is titled, “Spa Transgender Practices,” and states “for internal use only.” Updated in September 2021, the practice allows spa guests to use the locker room that corresponds to their gender identity. There is also a reference to a gender-neutral bathroom, yet transgender guests are not required to use that facility, rather they are allowed to use whichever locker room they chose.

Sellers’ attorney, Andrea L. Shaw with the Law Office of Andrew Shaw, responded to a request for comment.

“Jeriah asked her supervisor for an accommodation so that she would not have to escort a male into the women’s locker room, and her supervisor accommodated her,” said Shaw. “Shortly thereafter, Jeriah’s manager asked about the accommodation, and Jeriah explained that she wanted to be as deferential as possible without violating her Christian beliefs. Jeriah explained that as a Christian, she was not comfortable escorting a biological male into the Women’s Locker Room. Jeriah’s manager responded that the accommodation would work, but would notify HR to get approval.” 

“Days later, corporate HR came in person and rejected Jeriah’s religious accommodation request by telling her to keep her religious beliefs out of the workplace, and suspended her. Federal and state law require reasonable religious accommodations absent undue hardship. This case asks the court to affirm that principle and to make clear that employees shouldn’t be penalized for living their faith respectfully on the job.”

Sellers initially filed a dual complaint with the EEOC and PHRC, and the EEOC immediately issued a right to sue letter, resulting in the filing of the lawsuit on October 21, 2025, in the U.S. Middle District Court.

Beth Ann Rosica resides in West Chester, has a Ph.D. in Education, and has dedicated her career to advocating on behalf of at-risk children and families. She covers education issues for Broad + Liberty where this article originally appeared. Contact her at [email protected].