Health care workers who were fired for not getting a COVID shot have won a major victory. The Liberty Counsel has announced a “historic” $10.3 million settlement in the nation’s first-of-its-kind classwide lawsuit.
The class action settlement against NorthShore University HealthSystem is on behalf of more than 500 current and former health care workers who were unlawfully discriminated against and denied religious exemptions from the COVID shot mandate, according to the non-profit religious rights law firm.
The settlement was filed Friday in the federal Northern District Court of Illinois. The settlement must be approved by the court.
Liberty Counsel Vice President of Legal Affairs and Chief Litigation Counsel Horatio G. Mihet said, “We are very pleased with the historic, $10 million settlement achieved in our class action lawsuit against NorthShore University HealthSystem. The drastic policy change and substantial monetary relief required by the settlement will bring a strong measure of justice to NorthShore’s employees who were callously forced to choose between their conscience and their jobs.”
“This settlement should also serve as a strong warning to employers across the nation that they cannot refuse to accommodate those with sincere religious objections to forced vaccination mandates,” Mihet said.
As part of the settlement agreement, NorthShore will pay $10,337,500 to compensate hundreds of health care employees.
NorthShore will also change its unlawful “no religious accommodations” policy to make it consistent with the law, and to provide religious accommodations in every position across its numerous facilities. No position in any NorthShore facility will be considered off limits to unvaccinated employees with approved religious exemptions.
In addition, employees who were terminated because of their religious refusal of the COVID shots will be eligible for rehire if they apply within 90 days of final settlement approval by the court, and they will retain their previous seniority level.
Employees of NorthShore who were denied religious exemptions will receive a notice of the settlement and will have an opportunity to comment, object, request to opt-out, or submit a claim form for payment out of the settlement fund, all in accordance with deadlines that will be set by the court.
The number of individual payments from the settlement fund will depend on how many valid and timely claim forms are submitted during the claims process.
According to the Liberty Counsel, if the settlement is approved by the court and all or nearly all of the affected employees file valid and timely claims, it is estimated that employees who were terminated or resigned because of their religious refusal of a COVID shot will receive approximately $25,000 each, and employees who were forced to accept a COVID shot against their religious beliefs to keep their jobs will receive approximately $3,000 each.
Thirteen health care workers who are the lead plaintiffs in the lawsuit will also receive an additional approximate payment of $20,000 each for their role in bringing the lawsuit.
In October 2021, Liberty Counsel sent a demand letter to NorthShore on behalf of numerous health care workers who had sincere religious objections to NorthShore’s “Mandatory COVID-19 Vaccination Policy.”
Liberty says if NorthShore had agreed then to follow the law and grant religious exemptions, the matter would have been quickly resolved and it would have cost it nothing. But when NorthShore refused to comply and instead denied all religious exemption and accommodation requests, Liberty Counsel filed a class action lawsuit, along with a motion for a temporary restraining order and injunction.
Mat Staver, Founder and Chairman of Liberty Counsel said, “This classwide settlement providing compensation and the opportunity to return to work is the first of its kind in the nation involving COVID shot mandates.”
“This settlement should be a wake-up call to every employer that did not accommodate or exempt employees who opposed the COVID shots for religious reasons. Let this case be a warning to employers that violated Title VII. It is especially significant and gratifying that this first classwide COVID settlement protects health care workers. Health care workers are heroes who daily give their lives to protect and treat their patients. They are needed now more than ever,” Staver said.