The U.S. District Court for the Eastern District of Virginia dismissed a former employee’s lawsuit claiming employment discrimination against her former employer. The case originated during the COVID-19 Pandemic, when the employer, a government contractor, implemented a COVID-19 vaccination policy to safeguard its workforce. The Plaintiff, an employee at the time, applied for a religious accommodation to be exempt from the vaccine mandate. The employer granted the employee an accommodation of masking instead of receiving the vaccination.
The employee repeatedly refused to wear a mask in the workplace, claiming a medical disability. However, the employee failed to provide the company with proof of the purported disability. As a result, the employee was terminated from the company. The employee responded by filing a religious and disability discrimination lawsuit under federal and Virginia state law.
The company moved to dismiss the case before trial because the employee did receive a reasonable accommodation under the Virginia Human Rights Act. Furthermore, the employee explicitly agreed to the terms of the accommodation, which were to wear a mask in the workplace.
The Court ruled that the “Plaintiff fail[ed] to allege facts that make plausible her claim that she was discriminated against based on her religion or her disability.” Accordingly, the case was dismissed.
Lawsuits involving COVID-19 masking and vaccination policies are still common. However, federal courts have remained steadfast in upholding companies’ rights to implement safety policies to protect their workers and customers. If your business has been accused of discrimination based on a COVID-19 or similar company policy, we encourage you to contact our experienced employment law attorneys.
If you need more guidance or information, contact the employment law attorneys at General Counsel, P.C. today at 703-556-0411, [email protected], or use this Contact Us Form. Attorneys at General Counsel, P.C. specialize in labor and employment law and have experience working with businesses, non-profits, and individuals throughout the DC Metropolitan area and across Virginia, specifically in Fairfax County, Arlington, and Loudoun County.