As COVID 19 spread throughout the world, employers were faced with tough choices regarding the fate of their businesses, not to mention the health and well-being of their employees. As vaccines were approved by the FDA, workplaces began to establish vaccine mandates, which they technically have a right to do. However, there are exceptions under federal laws, which allow individuals to claim an exemption from being vaccinated. These exceptions generally concern the worker’s religious beliefs or medical condition. Unfortunately, many employers have refused to comply with these laws, and instead, chose to retaliate against their workers.
If you can identify with any of the statements below, you may be a victim of workplace discrimination due to your status as an unvaccinated employee:
- I was demoted because I refused to take the COVID-19 vaccine.
- I was not given a raise / not given a promotion I was promised because I refused to take the COVID vaccine.
- I was given less hours / not given OT pay / not given a bonus because of my refusal to take the vaccine.
Any one of these situations can be extremely stressful to deal with, and sadly, many of these workers end up quitting or being fired from their jobs. Certainly, it may be best to leave an employer who is not respectful of your legal rights. But what about the wages you have lost as a result of your employer’s unfair treatment? What about the emotional toll of being discriminated against by your employer? These are just some of the issues that we can help you with if you have been treated unfairly at your job due to your refusal of the COVID vaccine.
For more information on your rights and legal options, contact our law firm and schedule a free consultation with one of our attorneys.
Can my Employer Require me to get a COVID 19 Vaccine?
Technically, employers have the right to mandate vaccinations for their workers, since they are allowed to set “a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”
However, they cannot override federal laws that protect workers from discrimination based on a protected characteristic. These characteristics include, but are not limited to:
- Age
- Religion
- Race
- Gender identity
- Sexual orientation
- Pregnancy
- Disability
How do these characteristics tie into a worker’s right to refuse the COVID vaccine? Generally, workers can claim an exemption to the vaccine based on their religious beliefs or medical status. These protections are guaranteed through two federal laws, which we will discuss in the next section.
Workplace Discrimination of Unvaccinated Employees
On its own, a vaccination mandate is not seen as a violation of current workplace laws at the state or federal level. However, employees have the right to assert religious objections to the vaccine, like refusing a vaccine that contains aborted fetal cells. An employee can also claim an exemption to the COVID vaccine due to medical conditions such as pregnancy or an allergy to an ingredient in the vaccine. The following laws allow for such exemptions, which also protect unvaccinated employees from discrimination and retaliation:
- The Americans with Disabilities Act (ADA)
- Title VII of the Civil Rights Act of 1964
If you have a valid religious or medical exemption under one of these laws, your employer cannot retaliate against you for refusing the COVID vaccine. That means you cannot be demoted, fired, given a pay cut, or not given a bonus or overtime pay due to your status as an unvaccinated worker.
On the other hand, your employer does have a right to make reasonable demands in order to reduce the risk of infection. For example, they may ask you to work from home or change your work hours in order to limit your contact with customers / co-workers. You may need to be tested for COVID once a week and wear extra protective equipment that may not be required for vaccinated workers. Essentially, there has to be a give and take between employers and employees when it’s possible to make reasonable accommodations for unvaccinated workers.
An employer’s refusal to recognize a worker’s rights has been called into question quite often throughout the pandemic. For the past couple of years, workers were living in fear of harassment, termination, and other forms of retaliation due to their refusal of the vaccine, even though they had a legal exemption. But the tide is turning in favor of the workers, thanks to a recent class action settlement.
Recent Victory for Workers Claiming Religious Exemption to the COVID Vaccine
Recently, a class action lawsuit against NorthShore University HealthSystem was settled in favor of the workers for $10.3 million. The settlement compensates over 500 employees, who were forced to choose between their jobs and getting vaccinated, even though they had a religious exemption.
This is a historic settlement in the area of worker’s rights involving vaccination mandates. Early on in the pandemic, lawsuits over vaccine requirements usually favored the employer. However, the outcome of the case against NorthShore University HealthSystem upholds the protections that are guaranteed under Title VII of the Civil Rights Act of 1964. It says once and for all that demotions, pay cuts, and other forms of workplace discrimination are unacceptable when you have a legal exemption from the COVID vaccine.
What are my Rights if my Employer is Treating me Unfairly?
If you have been subjected to unfair treatment at your workplace, you may have thought about the possibility of suing your employer. If you are wondering, “Do I have a case?” for a workplace discrimination lawsuit, please take some time to speak with one of our attorneys. Our lawyers can evaluate your situation and advise you on your available options, which may include a lawsuit for the following damages:
- Lost wages (including back pay, front pay, unpaid OT, bonuses, etc.)
- Lost benefits
- Emotional distress
- New anti-discrimination policies or policy changes at your workplace
- Reinstatement of your job / salary / position
- Attorney’s fees
- Punitive damages
One of our labor law attorneys can go over each of these damages with you and give you an idea of the approximate value of your case. To schedule a free consultation, please give us a call at our office.
Can I Sue if I was Treated Unfairly by my Employer for not getting Vaccinated?
Yes, you can sue your employer for unfair treatment because you refused the COVID vaccine even though you had a medical or religious exemption. Unfair treatment includes not getting a promotion or raise that you were promised, being demoted from your current position, and not receiving bonuses / OT that you have rightfully earned. We can also help you with a wrongful termination claim if you were fired for not getting vaccinated even though you were exempt under the ADA or Title VII.
Depending on your circumstances, you can file a lawsuit on your own or form a class action if there was a mass layoff of unvaccinated workers at your company. We can explain these options to you and help you make an informed choice on how you want to proceed with your case. We will also advise you of the steps you need to take before you can file a lawsuit. Please keep reading to learn about the process of filing a workplace discrimination complaint with a state or federal agency.
How to File a Workplace Discrimination Complaint
A workplace discrimination lawsuit begins with a formal complaint, which you will need to file with the appropriate government agency. At the state level, you can file a discrimination / retaliation complaint with the California Department of Fair Employment and Housing. Another option is to file a complaint with the Equal Opportunity Employment Commission (EEOC). This is the federal agency that’s in charge of civil rights laws involving discrimination in the workplace. One of our attorneys can explain these options to you in detail and help you decide on the best strategy for your case.
The majority of workplace discrimination complaints are settled at the state or federal level. Or, the agency may give you permission to proceed with a lawsuit against your employer. At that point, things become very complicated, which is why it’s best work with a California labor law attorney right from the beginning. To learn more about the litigation process as a victim of workplace discrimination, please give us a call at our office.
Schedule a Free Case Evaluation
The pandemic has devastated many people’s lives in ways that we are continuing to struggle with. Workplace discrimination in the form of demotions, pay cuts, terminations, and other unfair practices is one of these consequences for millions of workers throughout the country. However, you have legal options as an employee who was treated unfairly at your job because you refused to take the COVID 19 vaccine.
To learn about the actions you can take, please speak with one of our employment discrimination attorneys. If you have grounds for a workplace discrimination lawsuit, you can be confident in our ability to recover your damages. As for our legal fees, you won’t have to worry about that since we work on contingency. When you hire one of our attorneys, you will be offered a Zero fee guarantee, which makes all our services free to you. We only get paid by winning your case, and at that point, it’s your employer who will be paying our expenses.
The lawyers of California Labor Law Employment Attorneys Group are ready to assist you in a claim for workplace discrimination or wrongful termination. Contact our office and schedule a free case evaluation as soon as you can.
