In a July 29 press release, Liberty Counsel announced that is has settled our nation’s first class-wide lawsuit by health care workers over COVID-19 vaccine mandates for over $10.3 million. The case against NorthShore University Health System was brought on behalf of over 500 current and former workers who were denied religious exemptions to the COVID-19 vaccine and thereby discriminated against. The settlement documents were filed on July 29 in the federal Northern District Court of Illinois. NorthShore will pay $10,337,500 as compensation for health care workers who were “victims of religious discrimination, and who were punished for their religious beliefs….” According to Liberty Counsel, this is a historic first-of-its-kind class action settlement for a private employer denying religious exemptions for the COVID-19 vaccines.  

Workers Fired Over Vaccine to be Rehired

The settlement needs approval for the federal judge overseeing the case, and workers who were denied exemptions will have a chance to comment, object, opt out, or accept the settlement agreement. As part of the deal, NorthShore will change its “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.” Also, folks who were fired due to declining the COVID-19 vaccines will be eligible for rehire and they will keep their prior seniority status. According to the settlement agreement, NorthShore will maintain an exemption process for workers to apply for, and the exemption process “will also be made available to new applicants.” For workers who are granted an exemption, NorthShore will conduct an accommodation review “based on the individual’s circumstances, including their current role and workplace setting, accommodations may be required or available.”  

Settlement Divided Among Health Care Workers

The amount of money each class member will get depends on the number of claims submitted. If nearly all of the workers sign on to the settlement, folks ad who were fired or resigned due to religious refusal of the vaccines will get about $25,000. And health workers who took the shot despite their objections will get about $3,000 each. The 13 health care workers who were lead plaintiffs will each get another $20,000 for their role “in bringing this lawsuit and representing the class of NorthShore health care workers.” Liberty Counsel will receive 20% of the settlement for attorney fees and costs, which they note is less than the typical 33%. These attorneys had sent NorthShore a demand letter in October 2021. They note that if this health provider had simply agreed to follow the law on religious exemptions, “the matter would have been quickly resolved and it would have cost it nothing.”  

A Strong Warning to Employers

Liberty Counsel Vice President of Legal Affairs and Chief Litigation Counsel Horatio G. Mihet offered that, “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.”

First-of-Its-Kind Settlement

Mat Staver, Founder and Chairman of Liberty Counsel noted: “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.” Liberty Counsel’s mission is to advance, “religious liberty, the sanctity of human life, and the family through litigation and education.” They rely on public support, and you can visit their website here.