A third federal lawsuit against Silver Cross Hospital in New Lenox alleges it violated federal law by denying a religious accommodation and firing an employee who did not comply with the hospital’s COVID-19 vaccine mandate.
Janette Nordstrom-Mossberger, who worked as a hospital surgical technologist, alleged she was fired from the hospital Nov. 15, 2021, after being denied an exemption multiple times.
The U.S. Equal Employment Opportunity Commission alleges in a lawsuit filed March 26 the actions violate the Civil Rights Act of 1964.
Debra Robbins, Silver Cross director of marketing and communications, said the hospital does not comment on pending or ongoing litigation or employment-related matters.
“However, I would like to emphasize that, as a regional healthcare provider, Silver Cross Hospital’s foremost responsibility is to ensure the health and safety of our patients, our staff and the communities we serve,” Robbins said in a statement.
This is the EEOC’s third lawsuit against the hospital for its mandatory vaccination policy instituted in August 2021. The policy stated that employees who remained unvaccinated as of Oct. 31, 2021, and did not request an exemption or whose exemption request was denied, would be terminated.
Employees who received an exemption were required to undergo weekly COVID-19 testing and wear a surgical mask as an accommodation.
Nordstrom-Mossberger alleged she submitted a religious accommodation request in August 2021 with a letter from her pastor supporting her religious beliefs and practices that precluded vaccination and requesting respect for religious freedom.
She argued that as a Christian, her religious beliefs and practices did not permit abortion, and she believed the vaccine development included aborted fetal stem cells, according to the lawsuit.
Nordstrom-Mossberger said her request was denied in September, and she appealed the decision twice that month without success before she was terminated in November.
The EEOC argued the hospital could have provided Nordstrom-Mossberger with the accommodations that were provided to other employees, including at least one employee who worked in an operating room.
The EEOC argued the hospital’s actions deprived Nordstrom-Mossberger of equal employment opportunities and alleged that the hospital terminated her employment due to her religion and in retaliation. The EEOC alleged the hospital’s action were intentional, done with malice and with reckless indifference to her federally protected rights.
“Workplace rules like vaccination requirements — while not inherently discriminatory — must adhere to Title VII’s protections for religious accommodation,” said Catherine Eschbach, the EEOC’s acting general counsel, in a March 27 news release.
“These protections are a core safeguard of federal civil rights law,” she said. “Where an accommodation can be provided without undue hardship, the law requires it. Unfortunately, that did not occur in this case.”
Before suing the hospital, the EEOC wrote a letter asking officials to remedy the alleged discriminatory practices, but a conciliation agreement acceptable to the EEOC was unable to be reached, according to the lawsuit.
The EEOC is seeking unspecified monetary damages, including compensatory and punitive damages and injunctive relief to prevent such unlawful conduct, according to the complaint.
The EEOC filed two similar lawsuits against Silver Cross Hospital in late July.
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One lawsuit alleges Sarah Kotan, who worked in the hospital’s lab, was denied a religious accommodation for the COVID-19 vaccine policy.
Another lawsuit alleges Debra Phillips, who worked in the hospital’s insurance department, requested an accommodation based on disability after she had a severe allergic reaction to the first dose of the COVID-19 vaccine, the EEOC said in her lawsuit.
Both Kotan and Phillips were fired in 2021.
The hospital responded to Kotan’s claims in September and denied allegations of discriminatory practices and denied that it failed to provide reasonable accommodations.
Silver Cross argued that Kotan was terminated because she
failed to comply with its COVID-19 policy and did not have a valid exemption or receive the required vaccination. The hospital also argued that enforcing the vaccination policy was important to keep patients and hospital staff safe.
The hospital said the EEOC did not approach conciliation in good faith and demanded excessive financial penalties, according to the September response for Kotan’s case.
Both parties discussed a settlement agreement March 10, according to a status update in the case.
The hospital agreed to respond to the proposed consent decree and monetary demand by the end of March, but no response had been filed by Wednesday morning.
The next hearing for Kotan’s case is set for May 7.
Silver Cross Hospital filed a motion to dismiss Phillip’s case, arguing her allergic reaction to the vaccine was temporary and did not meet the definition of disability under the Americans with Disabilities Act. The hospital said Phillips returned to work after receiving the vaccination without restrictions.
A status report for Phillip’s case is due by April 10, and a discovery deadline is set for Aug. 31, according to court documents.