A federal judge has granted preliminary approval of a settlement between Ascension Michigan and healthcare workers who alleged they were denied a religious exemption to their employer's COVID-19 vaccination policy and were either suspended or otherwise lost their job as a result of their denied exemption, according to court documents accessed by Becker's.
The proposed class of more than 60 workers and Ascension Michigan, which is part of St. Louis-based Ascension, agreed to the settlement, and the judge gave preliminary approval on April 26.
At issue in the case is Ascension's vaccination requirement. The health system announced the requirement in July 2021, and workers were given until Nov. 12, 2021, to get vaccinated unless they received a medical or religious exemption.
Healthcare workers sued Ascension in July 2022, alleging that the health system had an illegal blanket ban against religion-based COVID-19 vaccination accommodations and refused to provide exemptions, according to Law360. Ascension flouted Title VII of the Civil Rights Act of 1964 and Michigan's Elliott-Larsen Civil Rights Act by doing so, the class alleged.
"Consequently, over 500 healthcare workers who bravely served the public during the worst days of the pandemic were placed on an involuntary, indefinite, unpaid leave of absence in November 2021," the original lawsuit states. The lawsuit seeks compensatory damages, punitive damages and reasonable attorney's fees for workers who say they were temporarily denied religious accommodation from the COVID-19 vaccine and suspended without pay.
Ascension denies violating state and federal laws but agrees that the settlement represents a fair compromise if healthcare workers won on the merits of their case, court documents show, according to Law360.
The health system provided the following statement to Becker's: "Like many health systems across the country, and consistent with federal guidance, Ascension required our associates to be vaccinated against COVID-19. This decision was made in response to strong federal requirements, and after thoughtful consideration of the impact to our associates, patients and the communities we serve. Ultimately, we believe the decision was reflective of our commitment to leading with quality and safety on behalf of our patients and our workforce. We're pleased that 95 percent of our workforce completed the primary vaccine series. Because of our dedicated associates, we were able to remain open to serve our communities during the entire COVID-19 pandemic. We continue to focus on providing personalized, compassionate care to the persons and communities that we are privileged to serve."
The settlement would apply to workers who applied for a religious exemption and were denied, and then were either suspended or were forced to leave because of the refusal to get vaccinated. It also would apply to those who claim they were forced to leave their employment with Ascension before Feb. 28, 2022, after and as a result of their denied religious exemption.
The total settlement will comprise each subclass' settlement fund, which the claims administrator will calculate based on up to five weeks of employees' weekly salaries, according to Law360.
A fairness hearing for final approval of the settlement is slated for Oct. 5.