The 9th U.S. Circuit Court of Appeals has ruled that a former consultant for The Permanente Medical Group may proceed with her lawsuit alleging that the organization unlawfully denied her request for a religious exemption from a COVID-19 vaccine mandate.
Kaiser Permanente Medical Center in Oakland, Calif., was involved in the case, which began when the consultant, a Christian Jew, requested an exemption from the vaccine mandate, citing Bible passages and Jewish law.
The plaintiff’s exemption request was initially approved by The Permanente Medical Group, but they later required her to submit further information, which she only partly provided, leading to the revocation of her exemption and her eventual firing.
A district court had dismissed the case, holding that the plaintiff insufficiently provided The Permanente Medical Group notice of the conflict between her beliefs and the mandate.
However, the 9th Circuit reversed this decision, finding that the plaintiff had fulfilled this requirement, as her request identified her beliefs and described specific religious doctrines, thereby meeting the notice requirements under federal and state law.
The Permanente Medical Group’s initial approval of the plaintiff’s request acknowledged that the plaintiff’s request was religious in nature.
Related: HR trust grows with smarter AI use
The 9th Circuit disagreed with The Permanente Medical Group’s argument that the plaintiff failed to demonstrate her conflict because she had received other vaccines in the past and did not explain why the COVID-19 vaccine differed from other vaccinations.
The court concluded that the plaintiff plausibly alleged that she provided sufficient information so that The Permanente Medical Group could understand the conflict.
The record did not indicate that The Permanente Medical Group ever doubted the sincerity of the plaintiff’s religious belief.
The 9th Circuit’s decision is notable, as it suggests that an employee’s previous vaccinations should not bar their request for a religious exemption from a COVID-19 vaccine mandate.
Employers must take seriously requests for religious exemptions, even if the employee has received other vaccinations in the past.
The Permanente Medical Group did not immediately respond to a request for comment on the decision, which allows the plaintiff’s lawsuit to proceed.
Leave a Reply