With Tyler Arnold

Washington, DC Newsroom, November 13, 2024 / 6:00 am

A jury has awarded a Catholic Michigan woman $12.7 million in a religious discrimination lawsuit after her former employer, Blue Cross Blue Shield of Michigan (BCBSM), refused to give her a religious exemption from the company’s COVID-19 vaccine requirement and fired her.

According to court documents, the woman, Lisa Domski, requested a religious exemption from the company because the three Covid-19 vaccines approved at the time were developed or tested using fetal cell lines obtained from abortions.

In his request, Domski wrote that getting the vaccine “would be a terrible sin and would alienate my relationship with God.” BCBSM determined that his position did not meet the criteria for religious exemption.

Domski, who works as an information technology specialist, was working remotely when he requested the accommodation and had no face-to-face interaction with other employees. He was laid off on January 5, 2022, after working at BCBSM for approximately 15 years.

The catechism of the Catholic Church teaches It was stated that abortion “seriously violates the moral law” and that “life must be protected with great care from the moment of pregnancy.” He calls all abortion a “moral evil” and calls abortion and infanticide “heinous crimes.”

However, the Vatican Congregation for the Doctrine of the Faith Said in December 2020 He said it was morally permissible for Catholics to receive the vaccines, even if they were created using cell lines from tissue obtained through two abortions. The statement states that obtaining the vaccine “does not mean an official collaboration with abortion,” but emphasizes that the statement is not “a moral approval of the use of cell lines obtained from aborted fetuses.”

Although the Vatican has approved the use of the vaccine, the office has declared that vaccination “must be voluntary” and that anyone who refuses for reasons of conscience a vaccine produced with cell lines from aborted fetuses “must do their best to avoid becoming an instrument.” For the transmission of the infectious agent.”

Domski’s lawyer explains the case

Marko Law lead attorney Jon Marko, who represents Domski, told CNA that his client “is a devout Catholic and also believes that abortion is a sin and a sin against God.”

When it comes to religious exemptions, Marko said BCBSM “definitely doesn’t take it seriously and certainly doesn’t take others seriously,” especially when it comes to requests for religious exemptions “related to fetal cells.” He said 3 out of 4 requests were denied, which shows BCBSM treated employees as if they were “making it up or not being sincere.”

The jury found that BCBSM engaged in unlawful religious discrimination against Domski by refusing to make an accommodation based on sincere religious belief. The jury found that the company violated both federal and state laws prohibiting religious discrimination.

Domski was awarded approximately $1.7 million in down payment and back pay, as well as $1 million in non-economic damages. He also received $10 million in punitive damages; This compensation is awarded only in civil cases if a jury determines that the defendant acted with malice or recklessness.

Marko told CNA that punitive damages are “meant to punish a defendant, to deter future misconduct, to set an example, and that’s what they did.”

“It is not easy to defend your rights,” Marko said. “… He had to choose between his career and his conscience, and instead of giving up his faith, he gave up his career, and that’s a very difficult decision.”

When reached for comment, BCBSM provided CNA with a statement saying the company is “working to advance the health and safety of our colleagues, stakeholders, and communities” through policies that include vaccine authorization.

“Blue Cross has designed a compliance process that complies with state and federal laws and respects the sincere religious beliefs of its employees,” the statement claimed.

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“Blue Cross respects the jury process and thanks the jurors for their service, but we are disappointed in the verdict,” the statement said. “Blue Cross is reviewing its legal options and will determine its course of action in the coming days.”

Thousands of similar cases

Thousands of employees across the country have filed lawsuits against employers after they were denied exemptions to the Covid-19 vaccine mandate, many based on religious objections to vaccines. Marko represents 170 people whose exemptions BCBSM denied.

Other employers have also been forced to pay millions of dollars to aggrieved workers whose requests for religious exemptions from the Covid-19 vaccine mandate were denied. 500 workers in 2022 A $10.3 million deal was reached with Illinois-based NorthShore University Health System after exemptions were denied. jury last month Each of them was awarded $1 million To six people who were denied religious accommodations by Bay Area Rapid Transit in San Francisco.

Similar cases are still ongoing across the country.

Tyler Arnold is a staff reporter for the Catholic News Agency in EWTN News’ Washington Bureau. He previously worked at The Center Square and has written in a variety of outlets, including The Associated Press, National Review, The American Conservative, and The Federalist.