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Update on EEOC v. Mission Hospital

By Joseph S. Murray IV

In my last post, On Vaccinations, Religion and What Buddha Really Said, I briefly discussed the case of EEOC v. Mission Hospital. In that case, the EEOC alleged Mission violated Title VII when it required employees to request accommodations to the mandatory vaccination policy by Sept. 1, but allowed employees to obtain vaccinations until Dec. 1. The district court denied Mission’s motion for summary judgment, and the case was on the trial docket.

On Jan. 12, 2018, the EEOC announced it had settled the case with Mission. Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuit (Jan. 12, 2018). In addition to the $89,000 Mission paid to settle the claim, it also had to agree to “revise its immunization policy to permit employees to request an exemption during the same period in which flu vaccines are to be received.”

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On Vaccinations, Religion and What Buddha Really Said

By Joseph S. Murray IV

As flu season begins, so begin the arguments over accommodations for hospital employees whose religious (or sincerely held nontheistic) beliefs prohibit them from taking the flu vaccine. Two recent court decisions should help medical providers and employees better understand the Title VII requirements for religious accommodations and its definition of religion.

Here in North Carolina, the EEOC sued Mission Hospital after Mission terminated three employees who failed to timely request religious accommodations under Mission Hospital’s mandatory vaccination policy. The vaccination policy required accommodation requests to be submitted by Sept. 1 but employees did not have to be vaccinated until Dec. 1. EEOC v. Mission Hosp., Inc., 2017 U.S. Dist. LEXIS 124183, *6 (W.D.N.C. Aug. 17, 2017). Further, Mission gave a grace period for vaccinations but not for requesting an accommodation. Id. at *9. The court denied Mission’s summary judgment motion since it found that a jury could find that Mission violated Title VII by treating individuals seeking religious accommodations differently based on the staggered deadlines and inconsistently applied grace period.[1]

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