Employee Who Refused COVID Vax Prevails on Religion Discrimination Claim

Steven M. Chanley

In a lawsuit alleging COVID-related religious discrimination in violation of Title VII of the Civil Rights Act of 1964, a former employee of MGM Grand Detroit was just awarded $133,000 by a jury in federal District Court in Michigan. As the prevailing party, the plaintiff will also be awarded attorneys’ fees, in an amount determined by the trial judge, that will likely be multiples of the actual monetary award. Yermenian had worked for MGM Grand for 22 years before his discharge.

The jury found that Yermenian had a sincerely held religious belief that the COVID vaccine was immoral and inconsistent with his theological beliefs as an Orthodox Apostolic Christian, because he believed its production was associated with the use of tissue from aborted fetuses.

The jury was not swayed by MGM Grand’s defense that it was unable to reasonably accommodate plaintiff, because permitting Yermenian to work around his co-workers and guests, potentially exposing them to the COVID contagion, would have posed an undue hardship under Title VII.

MGM Grand told the jury that, before implementing the policy, it had consulted the published guidance of the Equal Employment Opportunity Commission for employers regarding COVID-19 vaccinations and religious accommodation.