The Justice Department has filed a lawsuit against Ozaukee County, Wisconsin for allegedly discriminating against a former nurse assistant by failing to accommodate her religious beliefs. Evidently, the woman was forced to get a flu shot otherwise she would be terminated from her employment.
Religious Exemption
Ms. Barnell Williams was a nursing assistant at the County-owned Lasata Care Center nursing home when she was faced with a difficult choice. A lawsuit filed by the United States Justice Department against the County states that in the fall of 2016, Williams was advised to get a mandatory flu shot for her job but declined, citing her religious beliefs, and she almost lost her job for it.
At the time, Lasata required its employees to get the vaccine, but would exempt those who could provide a letter from a clergy leader to support their request and they would simply have to wear a mask when dealing with patients during the flu season.
As it happens, Williams was not a part of any church or organized religion, so despite her strongly held belief, her request for an exemption was denied and she was evidently told that failure to comply with the mandatory vaccination would result in her "voluntary resignation." Further, during the meeting with the Center's highest ranking official, she was allegedly told that if she does not comply, she could "consider this your last day."
Williams attempted to write her own explanation letter as to her objection to the vaccination and was even prepared to have friends and family members attest to her sincerity regarding her faith, but she was told that only a letter from a clergy member would be accepted as a verification of her religious stand. Eventually, Williams agreed to take the flu shot so as not to lose her employment.
Violation Of Title VII
According to the lawsuit, Ozaukee County discriminated against Williams and violated Title VII of the Civil Rights Act of 1964 which prohibits employers from discriminating against employees on the basis of race, sex, religion, color, or national origin. By the simple act of only permitting employees with the clergy letter to forgo the mandatory flu shot, they have failed to provide religious accommodation and hence, violated Title VII.
The lawsuit states that Williams' former employer discriminated against her and as such must recompense her for her pain and suffering, including the undue hardship they placed on her by requiring a letter before considering to accommodate her religious beliefs.
"When employees' religious principles conflict with work rules, they should not have to choose between practicing their religion and keeping their jobs if a reasonable accommodation can be made without undue hardship to the employer," said Acting Assistant Attorney General of the Civil Rights Division, John Gore.
