Detroit, MI — A federal jury in Detroit has awarded over $12 million to a former Blue Cross Blue Shield of Michigan employee who was terminated for not complying with the company’s COVID-19 vaccine mandate, citing religious beliefs. The verdict arrived Friday afternoon, marking a significant case in the ongoing discussions surrounding employer vaccine mandates and religious exemptions.
Lisa Domski, a Wyandotte resident and a devout Catholic, had worked for Blue Cross for 32 years, primarily in their IT department. She was dismissed on January 5, 2022, after she refused the COVID-19 vaccine on the grounds of her religious beliefs. Domski argued that all three widely distributed COVID-19 vaccines were morally objectionable to her because they were either developed or tested using fetal cells from abortions.
The jury found that Blue Cross discriminated against Domski by not granting her an exemption as an accommodation for her religious beliefs, violating both federal and state laws. Consequently, they awarded her $12.69 million, consisting of $315,000 for back pay, $1.375 million for lost future wages, $1 million for emotional distress, and $10 million in punitive damages.
This case is particularly notable as it is the first of its kind to go to trial in Michigan concerning the denial of religious accommodations linked to COVID-19 vaccine mandates by an employer. Jon Marko, Domski’s attorney from Marko Law in Detroit, underscored the significance of this outcome amidst a series of similar cases he is handling against Blue Cross and their subsidiaries.
Such lawsuits are becoming increasingly common. For instance, last month in San Francisco, a federal jury awarded over $1 million each to six Bay Area Rapid Transit agency workers who were also denied exemptions from the vaccine mandate for religious reasons.
Blue Cross Blue Shield of Michigan, headquartered in downtown Detroit at the prominent Renaissance Center, responded to the verdict with disappointment, stating it is considering its legal options and stands by its vaccine policy implemented in October 2021. According to the company, this policy was essential to promoting health and safety amid the pandemic and included provisions for applying for medical or religious accommodations.
It’s pivotal to note the scrutiny surrounding the process of granting religious exemptions by Blue Cross. According to court declarations, the company rejected about 75% of all religious exemption requests, leading to the termination of approximately 250 employees.
Domski’s legal complaint emphasized her work arrangement, highlighting that she worked remotely and maintained that her refusal of the vaccine, stemming from deep-seated religious convictions, posed no risk to her colleagues.
The broader legal landscape features a range of similar disputes across different sectors, reflecting the tension between public health measures and individual rights. Legal experts suggest that while medical exemptions need to meet rigorous standards under the Americans with Disabilities Act, religious exemptions hinge on the sincerity of religious beliefs, which can be more subjective and contentious.
The outcome of Domski’s case could potentially influence forthcoming rulings as employers and courts continue to navigate the complexities introduced by the pandemic on workplace policies and individual rights.
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