(Central Square) – The first U.S. settlement has been reached in a class-action lawsuit filed by health care professionals over a university system’s mandate for a COVID-19 vaccine.
Chicago-based NorthShore University HealthSystem has agreed to pay more than 500 current and former health care workers a total of $10,337,500 as part of the settlement. It is also changing its policy to accommodate religious exemption requests and to rehire former employees who have been fired or forced to resign whose exemption requests have been denied.
Represented by the religious freedom nonprofit Liberty Counsel, the NorthShore employees sued, alleging they were discriminated against because they were denied religious exemptions from the company’s vaccine mandate. Settlement bldg filed Friday in federal court for the Northern District of Illinois.
This is “the first class action of its kind against a private employer that unlawfully denied hundreds of requests for exemptions from COVID-19 vaccinations,” Svoboda’s attorney said. Its founder and chairman, Matt Staver, said it “should be a wake-up call to every employer who has not hired or fired employees who oppose COVID vaccinations for religious reasons. Let this case serve as a warning to employers who have violated Title VII.”
Title VII of the Civil Rights Act prohibits discrimination in employment based on race, color, religion, sex, or national origin.
The settlement nearly ended a conflict that began after NorthShore denied employee requests to accommodate religious individuals under its “Mandatory COVID-19 Vaccination Policy.” Last October, Liberty’s attorney sent a demand letter on behalf of the affected employees, but NorthShore has not changed its policy. As a result, Liberty Counsel filed a class action lawsuit.
“Had NorthShore then agreed to follow the law and grant religious exemptions, the matter would have been quickly resolved and it would have cost nothing,” the Liberty Counsel attorney said.
While the parties have agreed to the settlement, it still has to be approved by the court. NorthShore employees who were denied religious exemptions will be notified of the settlement and will be able to comment, object, request a waiver or file a demand for payment form within a time frame to be determined by the court.
The settlement requires NorthShore to change its “no religious attire” policy, which it has agreed to do, and to provide religious attire for every position in its company.
Employees fired because their religious exemption requests were denied are now eligible to be rehired under the terms of the settlement. They may apply for positions at their previous seniority level within 90 days of the court’s approval of the final decision.
NorthShore Director of Public Affairs Colette Urban told The Center Square, “We continue to support evidence-based, system-wide vaccination requirements for everyone at NorthShore – Edward-Elmhurst Health, and thank our team members for helping keep our communities safe . .
“The settlement reflects the implementation of a new system-wide vaccine policy that will include the placement of team members with approved exemptions, including former employees who are rehired.”
The amount individuals receive in payments will depend on how many valid and timely claim forms are submitted. If all or nearly all affected employees file valid and timely claims, it is estimated that those who were fired or forced to resign after their requests for religious exemptions were denied would receive approximately $25,000 each. Those who were vaccinated under duress to keep their jobs and against their religious beliefs will receive about $3,000 each.
The 13 employees who were the lead plaintiffs will receive an additional payment of approximately $20,000 each. Liberty Counsel will receive 20% of the $2,061,500 settlement for attorney’s fees and costs.
Liberty Counsel Vice President of Legal Affairs and Chief Litigation Counsel Horacio G. Mihet said, “The sweeping policy changes and significant monetary relief sought by the settlement will bring a strong measure of justice to NorthShore employees who were harshly forced to choose between their conscience and their workplaces. This agreement should also serve as a stark warning to employers across the country that they cannot refuse to hire those who sincerely object to religious requirements for mandatory vaccination.”
Staver added that it is “particularly important and gratifying that this first class-wide COVID settlement protects healthcare workers.” Healthcare workers are heroes who give their lives every day to protect and treat their patients. Now they are needed more than ever.”
https://www.indianagazette.com/news/national/first-settlement-reached-for-health-care-workers-in-lawsuit-filed-over-covid-19-vaccine-mandate/article_7c8b49b0-29de-5a08-b27c-069e79b34eb0.html
