Originally published in Thrive!News
A federal jury has awarded R12.4 ($687 000) in back pay and damages to a former research scientist at BlueCross BlueShield of Tennessee, USA, who was terminated for refusing to take the Covid 19 vaccine.
The jury determined that Tanja Benton had sufficiently demonstrated her refusal to receive the COVID vaccine was grounded in her sincerely held religious beliefs. The jury also found that BlueCross BlueShield failed to provide reasonable accommodation and could not prove that accommodating Benton would cause the company undue hardship. Consequently, Benton was awarded R3.2 million ($177 240) in back pay, R180 000 ($10 000) in compensation, and R9 million ($500 000) in punitive damages.
In 2022, BlueCross BlueShield informed Benton, who had been with the company for 16 years, that she must be “fully vaccinated” to retain her job, which primarily involved remote work with some public interaction. Benton’s lawsuit claimed she declined the vaccine mandate based on her “personal research”, which indicated the Covid vaccines were “derived from aborted fetus cell lines”. Benton argued that taking the vaccine would “defile her body” and “dishonour God.” After seeking other positions within the company that required less public interaction, she was informed that all roles mandated vaccination. Her religious exemption request and subsequent appeal were both denied, leading to her termination.
Undue hardship by defendant not demonstrated
Benton’s lawsuit argued that BlueCross BlueShield violated Title VII of the Civil Rights Act of 1964 and the Tennessee Human Rights Act, both of which prohibit employment discrimination based on religion. Under Title VII, employers can deny religious exemption requests only if they can demonstrate that providing such accommodations would impose an undue hardship.
The lawsuit contended that BlueCross BlueShield could not prove Benton’s unvaccinated status as a research scientist would pose an undue hardship and did not make good-faith efforts to accommodate her religious beliefs.
Mat Staver, Founder and Chairman of Liberty Counsel, commented on the verdict, stating: “Employers cannot sidestep federal and state laws to dismiss employees with sincerely-held religious objections to the experimental Covid shots. The jury correctly held that employees are entitled to religious exemptions and should not have to choose between their faith and their livelihood.”
Benton was not alone in facing termination over the vaccine mandate. Between October and November 2021, BlueCross BlueShield terminated 42 other employees for similar reasons, several of whom have filed a class-action lawsuit against the company.
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