In an unprecedented settlement against a private employer Christian based defense law firm Liberty Counsel settled the nations first classwide lawsuit for health care workers over a COVID shot mandate. The class action settlement against NorthShore University HealthSystem resulted in more than $10.3 million to employees who were fired. The employees were unlawfully denied religious exemption requests to COVID-19 shots.
The court determined that more than 500 current and former health care workers were unlawfully discriminated against and denied religious exemptions from the COVID-19 shot mandate. The agreed upon settlement was filed last Friday in the federal Northern District Court of Illinois.
In the settlement demand, NorthShore HealthSystem agreed to pay $10,337,500 to compensate over 500 health care employees who became victims of the hospital’s religious discrimination. In a press release Liberty Counsel said it appeared those denied religious exemption were “punished for their religious beliefs” against taking an injection associated with aborted fetal cells.
The settlement must be approved by the federal District Court. Employees of NorthShore who were denied religious exemptions will receive 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.
As part of the settlement agreement, NorthShore will also change its unlawful “no religious accommodations” policy to make it consistent with the law, and provide religious accommodations in every position across its numerous facilities. The settlement requires that no position in any NorthShore facility will be considered off limits to unvaccinated employees with approved religious exemptions.
According to the Liberty Counsel press release, all 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. Additionally they will retain their previous seniority level.
The amount of individual payments from the settlement fund will depend on how many valid and timely claim forms are submitted during the claims process. 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.
The 13 health care workers who were lead plaintiffs in the lawsuit will receive an additional approximate payment of $20,000 each for their role in stepping forward for the lawsuit. The lawsuit represents an entire class of NorthShore health care workers.
For Liberty Counsel’s work, they will receive 20 percent of the settlement sum. That equals $2,061,500, as payment for the “attorney’s fees and costs” related to and required to sue and hold NorthShore accountable for its actions. In class action litigation law firms or attorneys typically require 33 percent.
In October 2021, Liberty Counsel sent a demand letter to NorthShore on behalf of numerous health care workers who held sincere religious objections to NorthShore’s “Mandatory COVID-19 Vaccination Policy.” At that time NorthShore refused to voluntarily comply with the request to honor the religious exemptions.
“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 follow the law, and instead denied all religious exemption and accommodation requests for employees working in its facilities, Liberty Counsel filed a class action lawsuit, along with a motion for a temporary restraining order and injunction,” said Founder and Chairman of Liberty Counsel Mat Staver.
Horatio G. Mihet, Liberty Counsel Vice President of Legal Affairs and Chief Litigation Counsel 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.”
“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,” said Staver. He continued “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,”
Staver said, “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.” He emphasized, “Let this case be a warning to employers that violated Title VII.”
Michael Reed is Publisher of The Standard newspaper, print and online, and TheStandardSC YouTube channel where many video reports may be found. Please share freely and donate to The Standard on this page to assure the continued availability of news that is ignored too often by the dominant media.
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