Health Care Workers Denied COVID Vaccine Religious Exemptions Will Be Paid $10.3 Million

by Carolyn Hendler, JD

Published August 16, 2022 | Ethics, Conscience

NorthShore University HealthSystem (NorthShore), which operates six hospitals in the Chicago area, agreed to pay approximately $10.3 million to employees who were discriminated against and denied religious exemptions from the Biden administration’s COVID-19 vaccine mandate in an historic class action settlement against a private employer.^{1 2 3}

Liberty Counsel filed a class action lawsuit against the healthcare provider in federal court, together with a motion for a temporary restraining order and injunction after Northshore refused to comply with an October 2021 demand letter requesting religious exemptions for about 523 employees. Approximately 204 of the employees agreed to take the COVID vaccine despite their religious beliefs and 269 resigned or were fired for their refusal to violate their religious beliefs and take the shot.^{4 5}

The employees alleged that almost all COVID vaccine religious exemption requests were initially denied and, when a few religious exemptions were eventually granted, only remote work was offered as an accommodation, which is not suited for many healthcare positions. NorthShore ignored the employees offers to be regularly tested, wear masks and report if they had symptoms instead of getting the vaccine.^{6 7}

Class Action Settlement Agreement Signed

The class action settlement agreement signed by both parties stipulates that employees who were fired or forced to resign when they refused to take the novel vaccine will receive approximately $25,000 each, while employees who took the shot in order to keep their jobs despite their religious beliefs, will get about $3,000 each. The 13 lead plaintiffs expect to get an additional $20,000.⁸

Employees who lost their jobs for failing to take the controversial vaccine may apply to be rehired with their religious exemption request granted and all previous benefits and seniority intact, as long as they reapply within 90 days.⁹ While NorthShore has not admitted to any wrongdoing, the hospital agreed to end their policy of denying all religious exemptions and will no longer discriminate or retaliate against employees who request religious exemptions or accommodations to vaccination. Rather, NorthShore will evaluate religious exemption requests and if approved, offer accommodations in compliance with federal law.^{10 11}

Liberty Counsel Vice President Horatio G. Mihet said:

We are very pleased with the historic, $10 million settlement achieved in our class action lawsuit against NorthShore University HealthSystem. The drastic policy change and substantial monetary relief required by the settlement will bring a strong measure of justice to NorthShore’s employees, who were callously forced to choose between their conscience and their jobs. This settlement should also serve as a strong warning to employers across the nation that they cannot refuse to accommodate those with sincere religious objections to forced vaccination mandates.¹²

Title VII Protections Do Not Pause for COVID-19

Title VII of the Civil Rights Act of 1964, which is enforced by the Equal Employment Opportunity Commission, protects employees from religious discrimination in the workplace. Employees who inform their employer that their sincerely held religious beliefs prevent them from complying with a mandatory work requirement are protected from discrimination and retaliation in the workplace under Title VII. Employers have an affirmative obligation to seriously consider the request, enter into good faith talks and offer appropriate accommodations.¹³

Liberty Counsel alleges that NorthShore’s actions violated Title VII when they did not consider each religious exemption individually and provide reasonable accommodations to workers with sincerely held religious beliefs.^{14 15}

In response to the settlement, labor and employment attorney Margo Wolf O’Donnell said: “If there is a vaccine mandate, it’s important that requests for exemptions, whether they be religious or medical exemption requests, they be considered on a case-by-case basis. Employers still can have vaccine mandates. I just think they need to be implemented appropriately.¹⁶

The plaintiffs also alleged that NorthShore’s COVID-19 vaccine policy was contrary to the Illinois Health Care Rights of Conscience Act¹⁷ and federal law regarding vaccines approved for Emergency Use because employees were not allowed to decline the vaccine. Federal law provides:

[A]s a condition of receiving authorization for Emergency Use, all individuals to whom the product may be administered are given the right to accept or refuse administration of the product.¹⁸

NorthShore said of the settlement, “We continue to support systemwide, evidence-based vaccination requirements for everyone who works at NorthShore—Edward-Elmhurst Health and thank our team members for helping to keep our communities safe.¹⁹

Founder and Chairman of Liberty Counsel Matt Staver warned:

This settlement should be a wake-up call to every employer that did not accommodate or exempt employees who opposed the COVID shots for religious reasons. Let this case be a warning to employers that violated Title VII. It is especially significant and gratifying that this first classwide COVID settlement protects health care workers. Health care workers are heroes who daily give their lives to protect and treat their patients. They are needed now more than ever.²⁰

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