Tuesday, January 30, 2024

Court Decides 7 Cases of Health Care Employees' Refusal to Receive Covid Vaccine

 A Delaware federal district court judge yesterday handed down opinions in seven lawsuits against the same medical center that terminated employees who requests for religious exemptions from the Covid vaccine mandate were denied. In 5 of the cases, the court refused to dismiss plaintiffs' Title VII failure to accommodate claims because plaintiffs had plausibly alleged a sincere religious belief and that their objections to the Covid vaccine were related to that belief. Aiken v. Bayhealth Medical Center, Inc., (D DE, Jan. 25, 2024); Hernandez v. Bayhealth Medical Center, Inc., (D DE, Jan. 25, 2024); Massotti v. Bayhealth Medical Center, Inc., (D DE, Jan. 25, 2024); Proud v. Bayhealth Medical Center, Inc., (D DE, Jan. 25, 2024); White v. Bayhealth Medical Center, Inc., (D DE, Jan. 25, 2024). In 2 cases, the court concluded that plaintiffs' objections to the vaccine were not plausibly connected to a sincerely held religious belief. McDowell v. Bayhealth Medical Center, Inc., (D DE, Jan. 25, 2024); Osborne v. Bayhealth Medical Center, Inc., (D DE, Jan.25, 2024). Each opinion details the religious claim asserted by plaintiff.