A class action lawsuit was settled on July 29, 2022 between NorthShore University HealthSystem and over 500 of their current and former employees. The $10.3 million settlement will compensate workers who were fired or faced discrimination due to their refusal to take the COVID vaccine. The employees claimed an exemption based on their religious beliefs, which prohibited them from taking a vaccine that contained aborted fetal cells. Along with monetary compensation, NorthShore agreed to rehire employees who applied within 90 days after the settlement was formally approved by the court.
This is the first class action victory against a private employer that attempted to override religious exemptions to the COVID 19 vaccine. The case will have a strong influence on employment laws throughout the country, primarily: to what degree can employers mandate the COVID vaccine for employees? While vaccine exemptions have always been in place through federal laws, employers have challenged these protections due to the pandemic’s devastating impact.
It’s understandable that employers want to protect themselves and their workers. However, they cannot take the law into their own hands and discriminate or retaliate against workers that have a legal exemption from the vaccine.
Were you denied exemption for the COVID 19 vaccine at work and terminated because of refusal to take the vaccine? You may be able to sue your employer for wrongful termination, but you must speak to a lawyer right away to learn about your rights and legal options. Please contact our office and schedule a free consultation.
Can I be Forced to get the COVID 19 Vaccine by my Employer?
If you have a qualifying medical or religious exemption, your employer cannot force you to get vaccinated. So why do employers think they can make vaccines mandatory for everyone? It may have to do with federal regulations, which allow employers to establish “a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”
It’s not hard to see why an employer would read that statement and say, “That means I can require the COVID vaccine for everyone if they want to continue working here.”
But this is a simplistic interpretation that fails to recognize:
- Exemptions for medical and religious reasons, which are guaranteed by federal laws – and upheld in the recent settlement against NorthShore University HealthSystem.
- Employers must consider reasonable accommodations that will allow unvaccinated workers to perform essential job duties. If such accommodations can be made, they cannot terminate the employee due to their refusal to get the vaccine.
Essentially, an employee has the right to claim an exemption to the COVID vaccine based on religious beliefs or a pre-existing medical condition. Furthermore, unvaccinated workers cannot be fired, demoted, harassed, etc., if accommodations can be made to keep others safe.
Can I be Terminated from my Job for Refusing the COVID Vaccine?
As we mentioned, employers can set policies in order to ensure the “health or safety of individuals in the workplace.” That includes vaccinations, especially for essential workers like health care professionals and law enforcement agents. On the other hand, they must comply with medical and religious exemptions according to the following acts:
- The Americans with Disabilities Act (ADA)
- Title VII of the Civil Rights Act of 1964
These federal laws permit protected workers to claim an exemption from the vaccine, regardless of mandatory vaccination rules at their workplace. On the other hand, employers have a duty to ensure the safety of your co-workers, as well as guests and visitors to your work site. Thus, they can impose requirements, like asking you to take enhanced protective measures while you’re at work. They may also have you work from home, switch to another shift, or require weekly COVID testing to ensure that you are not infected with the virus.
Essentially, both sides have rights when it comes to vaccination requirements in the workplace. It’s important for employers and employees to work together in these situations. Unfortunately, many workers are fired, or treated unfairly until they’re driven out of the workplace.
What can I do if I was Wrongfully Terminated for not Getting the Vaccine?
If you have a federal exemption from the COVID vaccine mandate but you were still fired from your job, you must speak with an experienced labor law attorney right away. Sadly, many people are under the impression that they can’t fight back if they were denied an exemption to the COVID vaccine by their employer. This is due to the great number of lawsuits at the beginning of the pandemic, which were usually ruled in favor of the employer.
That’s why the recent class action settlement involving NorthShore University HealthSystem is so important. Employers cannot continue to ignore the protections that are guaranteed by the ADA and Title VII. If workers are facing termination or any other type of retaliation when they are legally exempt from the COVID vaccine, there are legal actions they can take against their employer.
As a wrongfully terminated employee, you may be able to recover the following in a lawsuit against your employer:
- back pay and front pay (lost wages)
- Cost of lost benefits, such as healthcare and PTO
- Emotional distress from losing your job, workplace discrimination, etc.
- Workplace policy changes to protect vaccine exempt workers
- Reinstatement of your job / salary
- Attorney’s fees
- Punitive damages
The attorneys of California Labor Law can go over each of these damages with you during a free consultation. We will take immediate and aggressive action on your case in order to bring you the compensation you deserve.
How Can I Sue my Employer for Wrongful Termination?
A lawsuit can be filed against your employer if you were fired for not getting the COVID vaccine, even though you have a religious or medical exemption. Even if you weren’t fired, you may have been demoted, had a pay cut, or experienced some other form of unfair treatment based on your unvaccinated status. These are all forms of discrimination and retaliation, which are illegal according to state and federal employment laws.
One option is to file a lawsuit on your own, but you can also form a class action if many workers were denied vaccine exemptions by your employer. As there are different procedures for each of these lawsuits, please speak with one of our attorneys as soon as you can. Legal options are available to you, but it’s essential to get started on a claim right away.
Can I File a Wrongful Termination Complaint with the State?
Yes, you can file a wrongful termination complaint with the California Department of Fair Employment and Housing if you were fired when you are legally exempt from the COVID vaccine. In fact, you must do this before you can file a lawsuit, which will give you a chance to settle your labor dispute without intervention from the courts. You may also have the option of filing a complaint with the Equal Opportunity Employment Commission (EEOC), which is the federal agency in charge of laws involving workplace discrimination.
If your claim cannot be settled with either agency, you can proceed with a lawsuit to recover your monetary and emotional damages. Wrongful termination claims are complicated, so it’s best to work with an attorney who is experienced in workplace discrimination lawsuits Our attorneys are here to assist you and help you determine the best legal strategy for your case. To learn more about the wrongful termination lawsuit process, give us a call and schedule a free case evaluation.
Contact our Law Firm
Countless people struggled with the effects of the COVID pandemic, including job loss or the fear of losing their job. There was no guarantee that anyone would stay employed, especially when employers mandated COVID vaccines, even for those who had a legal exemption. As a worker who was wrongfully terminated due to your unvaccinated status, you need an attorney who can fight for your rights.
Along with our experience in labor dispute cases, we offer a Zero fee guarantee so that your finances are never at risk. You pay nothing upfront for our services, nor will you pay us a single penny until we win your case. If we don’t win, you owe us absolutely nothing since we only get paid if you get paid.
Contact the California Labor Law Employment Attorneys Group and take some time to speak with one of our attorneys.
