On July 29, 2022, a class action lawsuit against NorthShore University HealthSystem for unlawful discrimination of unvaccinated employees was settled for $10.3 million. The settlement will compensate over 500 past and current healthcare workers who were denied religious exemptions to the COVID vaccine mandate. These workers objected to being administered a vaccine that used aborted fetal cells, which went against their religious beliefs. In addition to monetary compensation, employees are eligible to have their jobs back if they apply within 90 days of the court’s final approval of the settlement.
The historic settlement will have a significant impact on worker’s rights throughout the country. Primarily, it addresses the on-going conflict regarding the COVID vaccine, and the degree to which an employer can mandate the injection for their employees. This recent class action upholds the religious protections that have long been in place through Title VII of the Civil Rights Act of 1964. However, such protections have been called into question within the past couple of years due to the pandemic and its devastating effect throughout the world.
Though employers have a right to ensure the safety of their workplace, they must also comply with state and federal employment laws. When they take the law into their own hands, there must be consequences, which was fortunately the case in the class action against NorthShore University HealthSystem.
Were you denied exemption for the COVID 19 vaccine at work? Were you terminated because of refusal to take the vaccine even though you had an exemption? If so, contact the lawyers of Normandie to learn about your legal options, including a wrongful termination lawsuit against your employer.
Can my Employer Force me to get the COVID Vaccine?
This is a tricky question, as employers have the right to establish a workplace mandate that includes “a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace.” This statement is rather broad scope in nature, and you can see why an employer would look at this and interpret it as “Everyone must get the COVID vaccine if they want to continue working at this company.”
But that interpretation is missing two critical elements:
- Religious and medical exemptions, which are already in place through federal laws.
- Employers have to consider accommodations that can be made for the unvaccinated employee, ones that would still allow them to perform essential job functions.
When both these conditions are met, employers cannot fire someone over their unvaccinated status. In the next section, we will go into more detail about the federal laws that protect specific classes of unvaccinated workers.
Can I be Fired for Refusing the COVID Vaccine?
As a general rule, employers can require vaccinations for their workers, especially those working in industries such as healthcare, law enforcement, and emergency services. However, there are federal laws in place that allow for exemptions. These exemptions are covered under the following acts:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
Employees who are protected under either of these laws can claim an exemption from the COVID vaccine, even if there is a vaccine mandate at their workplace. Of course, your employer has a right to ensure the safety of everyone else at the work site. To accomplish this goal, they can ask you to work from home, come in on a different shift, or submit to weekly COVID testing and enhanced protective measures. In short, it’s acceptable that your employer make reasonable demands in order to reduce the risk of infection for everyone else.
What’s not acceptable is harassment, discrimination, or termination from your job due to your refusal of the vaccine when you have a valid exemption.
What are my Rights if I was Terminated Even Though I had an Exemption?
If you were terminated from your job even though you have a federal exemption, please speak with one of our attorneys right away. At the beginning of the pandemic, lawsuits over vaccine exemptions typically ended up in favor of the employer. As a result, many employees are under the impression that they have no rights if their employer won’t acknowledge their medical, cultural, or religious exemption. However, the recent settlement against NorthShore University HealthSystem proves that employers cannot ignore workplace protections that are guaranteed at the federal level.
As a victim of wrongful termination due to your unvaccinated status, you may be eligible for the following types of compensation:
- Lost wages (back pay and front pay)
- Lost benefits (medical, PTO, etc.)
- Emotional distress
- Policy changes in your workplace
- Reinstatement to your former position / salary
- Legal fees
- Punitive damages
You can learn more about these damages during a free consultation with one of our labor attorneys. If you have a case for a wrongful termination claim against your employer, you can be confident in their ability to fight for your rights.
Can I Sue my Employer for Wrongful Termination?
Yes, you can sue your employer if you had a medical or religious exemption, but you were still fired for refusing the COVID vaccine. Perhaps you weren’t fired, but you were demoted, given a pay cut, or facing harassment / unfair treatment due to your unvaccinated status. As long as you have a legal exemption, you may have a case for monetary compensation against your employer.
You can choose to file a lawsuit on your own, or join a class action if there were mass terminations at your company of workers who were exempt from the vaccine. One of our lawyers can explain each of these options and take the necessary actions on your behalf.
However, a legal action involving a labor dispute must go through the proper channels, beginning with a workplace discrimination / retaliation complaint with the appropriate agency.
How do I File a Wrongful Termination Complaint?
Before you can sue your employer, you must file a wrongful termination claim with the appropriate state or federal agency. For example, if you were fired due to discrimination or retaliation, you can file a complaint with the California Department of Fair Employment and Housing. You can also look into filing a complaint at the federal level with the Equal Opportunity Employment Commission (EEOC). One of our employment attorneys can help you decide the best course of action for your wrongful termination case.
If the agency cannot settle your claim, they will give you permission to proceed with a lawsuit against your employer. As you can see, a wrongful termination claim is a complicated process, which is why we are here to assist you. For legal advice you can count on, please give us a call at your earliest convenience.
Speak to a California Wrongful Termination Attorney
People’s lives and the well-being of countless families were not the only consequences of the COVID 19 pandemic. Many workers who were not fired or furloughed right away faced the agony of having to choose between their job or their health. If you have a valid exemption from the COVID vaccine, but you were still fired from your job, you need a lawyer who can fight for the compensation you deserve.
Legal representation should be a right, not a privilege, when you’ve been fired through no fault of your own. Here at Normandie, we will take on your case at no upfront cost under the terms of our Zero fee guarantee. The only way we get paid is if you get paid, and if we don’t recover your settlement, you won’t be responsible for any legal fees. This way, you have the assurance of knowing that your finances are never at risk.
If you’re ready to explore your legal options, please schedule a free case evaluation with one of our attorneys.
