Judge overturns health system’s firing of worker due to COVID vaccine, mandates back pay.
Judge Reverses UVA Health System’s Decision to Fire Employee Who Refused COVID Vaccine
A judge has overturned the University of Virginia Health System’s decision to terminate an employee who chose not to receive the COVID vaccine and applied for a religious exemption.
Virginia District Judge Claude V. Worrell ruled that the UVA Health System had wrongfully fired Kaycee McCoy, a cytotechnologist with over ten years of experience, according to court documents.
“Because UVA acted in an arbitrary and capricious manner, this court reverses their decision to fire Plaintiff for failing to be vaccinated from Covid-19. They are hereby enjoined from preventing her employment on the basis of vaccination as long as she continues to qualify for a religious accommodation properly applied,”
Worrell ruled that McCoy should receive back pay with interest from the time of her termination to the time of his decision.
McCoy, who played a crucial role in screening cancer cells and other pathological conditions, was fired in November 2021 after her application for a religious exemption to the COVID vaccine was denied without an opportunity to appeal.
Virginia Republican Governor Glenn Youngkin removed the vaccine mandate for state employees, but certain federal vaccine requirements still apply to entities receiving Medicare and Medicaid funding. However, these mandates are subject to religious and medical exemptions, as noted by Worrell.
While Biden’s vaccine mandate for workers was overturned by the Supreme Court, the mandate for healthcare workers was only announced in June 2023.
The judge emphasized that religious rights are not absolute, but in this case, the health system should have granted a religious exemption since McCoy provided evidence of her sincerely held beliefs.
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The judge’s decision was applauded by the religious liberty advocacy group First Liberty Counsel.
“This is an important victory for religious liberty and for those who have not caved into these unlawful shot mandates. Forcing an employee to choose between their sincerely held religious beliefs and their job is highly unconstitutional. Applying for a religious exemption is a legal right and cannot be arbitrarily denied,”
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