Zimmerman v peacehealth
On 12/12/2022, Silent Majority Foundation filed a class action lawsuit against PeaceHealth on behalf of PeaceHealth employees who were placed on indefinite administrative leave without pay for failure to receive the COVID-19 shot. These employees sought religious exemptions and received them, but PeaceHealth refused to accommodate them. We are seeking injunctive relief (to end the indefinite leave without pay and regain employment) and damages.
In April of 2024, SMF filed an Amended Complaint in this case, adding four more plaintiffs who were harmed by PeaceHealth’s vaccine mandate policy. Our case is moving forward on three claims:
- Plaintiffs’ Failure to Accommodate - PeaceHealth granted religious exemptions but then refused to provide accommodations citing “undue hardship.” It is thus the burden of PeaceHealth to prove undue hardship was at play when determining their vaccination and exemption policy. The judge states: “At this stage, with the limited record before the Court, Defendants have not met their burden.” Motion to Dismiss - denied!
- Unlawful Employment Discrimination – Based on discrimination against religious beliefs, was DENIED.
- Plaintiffs' Claim for Injunctive relief regarding Plaintiffs’ individual reasonable accommodation - Claim for Injunctive Relief regarding the Vaccine Policy was DISMISSED as to PeaceHealth’s mandate, although the court left alive individual claims for reasonable accommodations.
Not only did our clients face the difficult decision of putting an untested substance in their body in order to keep their job, but they also faced harassment and a hostile work environment at PeaceHealth facilities. Notably, PeaceHealth did NOT challenge our hostile work environment claims, and they remain live.
Zimmerman v PeaceHealth Case Documents
kittleson v peacehealth
Silent Majority Foundation filed a lawsuit on behalf of those who have a disability which made it impossible for them to receive any of the vaccines, yet were not accommodated by PeaceHealth. Each of the three plaintiffs have had reactions to previous vaccines making them more likely to have a reaction to future vaccines. Despite this fact, PeaceHealth decided that it knew better than our plaintiffs’ doctors and insisted that they could and should take the vaccine. As a result, PeaceHealth refused to accommodate any of them.
The facts in this case are presented below:
- PeaceHealth adopted its COVID vaccination mandate on the idea that the vaccine would stop transmission of the virus. There was ample information out from trusted sources that the vaccine would not stop the virus. Why was this not considered?
- Plaintiff’s Disabilities. Evidence of medical conditions and adverse reactions from past vaccinations was presented to PeaceHealth. No accommodation was provided despite these disabilities.
- The Process Used by PeaceHealth Upon Enacting the COVID-19 Vaccine Mandate. PeaceHealth has long had a requirement for staff to receive the flu vaccination, allowing a simple religious or medical opt-out which was accommodated. That process changed significantly with the COVID-19 Vaccination Policy implementation.
- The Effect of PeaceHealth’s Actions on Plaintiff’s. Each of the Plaintiffs have experienced extreme hardship as a result of PeaceHealth’s actions. Financially they have had to sacrifice in ways most of us have never experienced. They have also paid extreme emotional consequences as well, including panic attacks and suicidal thoughts. The fact that PeaceHealth believed it acceptable to require that they risk their lives or lose their jobs shows the unreasonable business practices PeaceHealth is willing to employ.
- PeaceHealth Could have Accommodated Unvaccinated Employees without Significant Difficulty or Expense. In the Zimmerman v. PeaceHealth Title VII case, the judge said that we have stated a colorable claim that PeaceHealth could have accommodated and have yet to prove that accommodating Plaintiffs was an undue burden. We expect that the same will happen in this case.
We are excited for our Plaintiff’s as this case moves forward
Kittleson v PeaceHealth Case Documents
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