What We Know: Mercy is now looking at another lawsuit over COVID vaccine requirements during the global pandemic. The latest lawsuit, originally filed in 2025, is actually a refiling however it faces an argument for dismissal again.
What Are The Particulars: There is a group of 10 people who will remain anonymous here, who filed the original lawsuit a year ago but it was dismissed in April. The former employee’s are being represented by attorney and former councilwoman Kristi Fulnecky.
The lawsuit alleges that Mercy Hospital violated these former employee’s civil rights when denying religious accommodations for COVID-19 vaccine requirements, and retaliating against those seeking the accommodations.
The Defendants: The defendant’s held sincere religious beliefs that conflicted with receiving the vaccine and requested accommodations. These accommodations were either allegedly denied or in some cases where limited accommodations were allowed, testing and masking requirements were instituted. The lawsuit claims these requirements singled out employee’s who sought religious accommodations and subjected them to different treatment.
What’s Next: Mercy announced their COVID-19 vaccination policy in July of 2021, instituted during a global pandemic for the safety and well-being of staff and patients.
A motion has been filed to dismiss this lawsuit claiming the case lacks standing as it was filed outside of a 90 day statute of limitations established by Title VII, after receiving a right to sue letter from the Equal Employment Opportunity Commission. The refiling of the original lawsuit after the initial dismissal which WAS filed within the 90 day window does not mean the 90 day limitation no longer applies.
COVID-19 vaccine religious discrimination lawsuits have appeared in courts all over the country with no clear consensus on the matter.
(Graphic courtesy of Mercy Health Care)