A group of nurses has accused Northwestern Memorial Healthcare of improperly denying religious exemptions to them when they refused the hospital's Covid vaccine mandate and has refused to relent even while experiencing nursing shortages.
On February 10, plaintiffs Kimberly Kavanagh, Colleen Holewa and Candice Sochacki filed suit in Chicago federal court against Northwestern Memorial Healthcare and Northwestern Medicine Palos Hospital, alleging the hospital questioned the validity of their sincerely held religious convictions concerning the Covid-19 vaccine, denying their application for a religious exemption, and ultimately, terminating all three in violation of their Title VII rights, despite nursing shortages.
In August 2021, NMH announced that all its employees would be required to be fully vaccinated against Covid. To obtain an exemption from the mandate, employees had to submit an Accommodation Request Questionnaire. According to the complaint, all three plaintiffs submitted completed questionnaires, in which they explained that their request was based on their sincerely held religious convictions. All three quoted various passages from the Bible, and also stated "they have prayed and were instructed by the Holy Spirit on their decision, and that they were required to put their trust in God for healing."
The complaint asserts NMH refused to accept the validity of their religious convictions. Plaintiffs received notification which stated,
"'Your request does not identify religious beliefs, practices and/or observances that prevent you, from, receiving one of the FDA-approved vaccinations for COVID-19'; and/or"
"Your request does not identify religious beliefs, practices, and/or observances that are sincerely held."
According to the complaint, while NMH questioned the validity of the Plaintiffs' religious convictions, it granted numerous requests that were at least similar if not nearly identical to the plaintiffs' exemption requests, but also allegedly granted an exemption to at least one employee for religious reasons, even though that worker had allegedly not submitted the required form.
The complaint notes that, while current staff were required to be fully vaccinated against Covid, NMH has routinely hired unvaccinated outside contract nursing staff who were allowed to work for NMH, despite the mandate.
Further, even though NMH rejected Sochaki request, the complaint asserts NMH had previously approved her religious accommodation request for exemption from the flu vaccine.
The three nurses were ultimately terminated.
The plaintiffs alleged that NMH's application of its mandatory Covid policy was "inconsistent, contradictory, and discriminatory."
The NMH lawsuit comes shortly after a deal announced in December, in which NorthShore University Health System agreed to pay $10 million to settle similar claims brought on behalf of about 500 current and former employees, who were terminated or faced repercussions for refusing that hospital system's Covid vaccine mandate on religious grounds.
The three NMH nurses are demanding a trial by jury and are seeking unspecified actual and punitive damages including back pay, legal fees and court costs.
Plaintiffs are represented by attorney Sorin A. Leahu, of the Pacific Justice Institute, of Park Ridge.