Religious Exemption Victory: Awards $12M in Vaccine Case

Case Background

Lisa Domski worked for Blue Cross Blue Shield of Michigan for over 30 years, most recently serving as an IT Process Specialist II. On October 31, 2021, the company announced a mandatory COVID-19 vaccine policy that applied to all employees and contractors, including those who worked entirely from home. Domski, a remote worker, sought a religious exemption from this mandate based on her sincerely held religious beliefs. She explained that she made all medical decisions, including those regarding vaccinations, through prayer. Despite her request, Blue Cross Blue Shield of Michigan denied her accommodation after conducting what Domski described as an "ambush-style" interview. The company placed her on unpaid leave in December 2021 and officially terminated her employment on January 5, 2022.

Cause

The legal dispute centered on religious discrimination under federal and state law. Domski alleged that Blue Cross Blue Shield of Michigan violated Title VII of the Civil Rights Act of 1964 and the Michigan Elliott-Larsen Civil Rights Act. She argued the company failed to provide a reasonable accommodation for her religious beliefs and terminated her because of her religion.

Injury

Domski suffered significant financial and emotional harm following her termination. She lost her long-term livelihood and the benefits associated with her 30-year career. The complaint also noted that she suffered non-monetary losses, including the "crisis of conscience" caused by being forced to choose between her faith and her job.

Damages Sought

In her original complaint, Domski requested compensatory damages for both monetary and non-monetary losses. She also sought exemplary and punitive damages, prejudgment interest, and reimbursement for her attorneys’ fees and costs.

Key Arguments and Proceedings

The trial took place in the United States District Court for the Eastern District of Michigan under the honorable David M. Lawson.

Legal representation

Plaintiff(s): Lisa Domski
- Counsel for Plaintiff: Brendan John Childress | Grant Michael Vlahopoulos | Jonathan R. Marko | Noah S. Hurwitz

Defendant(s): Blue Cross Blue Shield of Michigan
- Counsel for Defendants: Angelina Rose Delmastro | Brandon C. Hubbard | Jonathan R. Marko | Maureen J. Moody | Michelle R. Heikka | Nolan John Moody | Rudolph Porter Makupson | Scott R. Knapp | Zachary Pelton

Key Arguments or Remarks by Counsel

Claims

Domski’s legal team argued that the company’s accommodation process was arbitrary and inconsistent. They contended that Blue Cross Blue Shield did not follow the Equal Employment Opportunity Commission (EEOC) guidelines, which suggest that employers should ordinarily assume a religious accommodation request is sincere. Counsel highlighted that Domski worked remotely and posed no risk to coworkers, yet the company refused to allow her to continue teleworking as an accommodation.

Defense

The company denied all allegations of discrimination. Its attorneys argued that the vaccine policy was mandatory for all employees to ensure a safe work environment. They maintained that the accommodation process was fair and that Domski failed to meet the criteria for a religious exemption. The defense further stated that their actions were based on legitimate business needs rather than religious bias.

Jury Verdict

On November 8, 2024, the jury reached a unanimous verdict in favor of Lisa Domski on all counts. The jury found that Blue Cross Blue Shield of Michigan had unlawfully discriminated against her under federal law by denying her religious accommodation request. They also found the company liable under both Michigan and federal law for terminating her employment because of her religion.

The jury awarded Domski a total of $12,690,000 in damages:

$315,000 for back pay damages.
$1,375,000 for front pay damages.
$1,000,000 for non-economic damages.
$10,000,000 in punitive damages against the Defendant.

Court documents are available upon request at [email protected]

Gas Mechanic Wins No Relief in Con Ed Discrimination Trial

Trevor Burke, an African-American gas troubleshooter mechanic, filed a lawsuit against Consolidated Edison Company of New York, Inc., alleging race and disability discrimination under federal, state, and local laws. After a multi-vehicle workplace accident in September 2020 left him with severe heart and knee injuries, Mr. Burke underwent emergency open-heart surgery and was placed on an extended medical leave. Under the governing collective bargaining agreement, protected disability leave was capped at one year, making September 9, 2021, his final deadline to return to work. Although cleared by his personal physician with a 25-pound lifting restriction, and initially cleared by a Con Edison doctor with a 20-pound restriction, Mr. Burke received conflicting instructions from operations management on the final day of his leave. Later that same afternoon, his union representative informed him that Con Edison had terminated his employment. Mr. Burke alleged that the company bypassed the mandatory interactive accommodation process and refused to reassign him to open light-duty roles. He also raised a claim of disparate treatment, pointing to a white comparator with a severe cardiac condition whom Con Edison accommodated with light-duty tasks, a partner, and a driver. Con Edison denied all allegations, arguing that a 50-pound lifting capacity was an essential requirement for the mechanic position and that no alternative vacancies were available. Following a full trial, a federal jury returned a complete defense verdict, clearing Con Edison of all liability.