A maintenance worker at a hospital was fired for asking for a religious exemption to a flu shot policy, sparking a $45,000 settlement and a religious discrimination lawsuit.
Economic or Religious Freedom?
The Equal Employment Opportunity Commission ruled that the hospital’s actions breached Title VII of the Civil Rights Act, which mandates that employers respect and accommodate their employees’ religious beliefs.
Legal Battle in Atlanta
After attempts to secure a pre-litigation settlement via its conciliation process failed, the EEOC filed a lawsuit (Civil Action No. 1:22-CV-04953-MLB-RDC) in the U.S. District Court for the Northern District of Georgia, within the Atlanta Division.
Religious Accommodation Laws
“It is the responsibility of an employer to accommodate its employees’ sincerely held religious beliefs,” said Marcus G. Keegan, the regional attorney for the EEOC’s Atlanta District Office. “Unless doing so would pose an undue hardship, an employer may not deny requested religious accommodations, let alone revoke those previously granted without issue.”
Employee Compensation
Keegan added, “The EEOC is pleased that the employee has been compensated and that CHOA has agreed to take steps to ensure that it meets its obligation to evaluate religious accommodation requests in a manner consistent with federal law.”
Flu Policy Questioned
The EEOC’s lawsuit claims that a maintenance worker sought a religious exemption from CHOA’s flu vaccination policy due to deeply held beliefs, following CHOA’s established procedures.
Religious Exemption at CHOA
CHOA had previously granted this employee religious exemptions in 2017 and 2018. However, in 2019, CHOA declined his request for a religious accommodation and dismissed him, even though he primarily worked outside and had limited interaction with both the public and staff members.
Termination Decision
According to the legal complaint, the children’s hospital terminated the man on December 6, 2019, citing his inability to get the flu shot. The complaint states that he was replaced by a non-Jewish employee who did receive the vaccination. The hospital had granted religious exemptions to seven other employees in the same year.
The Day of Firing
The complaint also details that on the day of his firing, the employee’s keys and badge were taken, and he was escorted from the premises by security.
$45,000 in Damages
As per the consent decree settling the lawsuit, CHOA has agreed to pay $45,000 in monetary damages to the ex-employee. Additionally, CHOA will revise its flu vaccine religious exemption policy to automatically consider employees eligible for exemption if they work remotely or away from other employees or patients.
Religious Accommodation Training
The decree also ensures that such employees can seek other positions within CHOA if their exemption request is denied. Furthermore, CHOA is required to train relevant employees about religious accommodation rights under Title VII.
Religious Discrimination at Work
Darrell Graham, the district director of the Atlanta office, remarked, “The arbitrary denial of religious accommodations drives religious discrimination in the workplace. The EEOC remains committed to enforcing the laws that protect employees’ religious practices.”
Vaccine Mandates vs. Religious Freedom
This case casts light on the clash between compulsory vaccinations and religious rights, suggesting that financial impacts might urge companies to consider their employees’ beliefs more seriously when implementing vaccine mandates.
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