On Monday, several professionals of Astellas Pharma Inc. filed a complaint in the Northern District of Illinois for their allegedly discriminatory terminations, said to arise from their refusal to receive the COVID-19 vaccine after requesting religious exemptions.
According to the complaint, the plaintiffs faced an immediate choice to either “(a) receive a COVID-19 vaccination in direct violation of their conscience and sincerely held religious beliefs, or (b) be terminated from their employment with Astellas as a consequence of exercising their fundamental and statutory rights to refuse administration of the COVID-19 vaccines.”
The plaintiffs further claimed that they “have complied with all requirements for seeking an accommodation and exemption based upon their sincerely held religious beliefs, and otherwise complied with all of the requirements Astellas established for seeking a religious exemption.” Furthermore, Astellas granted other religious exemptions to employees with “identical or substantially similar religious beliefs” with similar positions.
The plaintiffs claimed that Astellas’ actions are in violation of the Illinois Health Care Right of Conscience Act and Title VII of the Civil Rights Act of 1964 which protect the refusal of individuals to receive a vaccine due to religious beliefs. This is due to their “Mandatory COVID-19 Vaccination Policy” enacted on October 5, 2021 that required U.S. employees to be vaccinated as a “condition of continued employment.”
According to the plaintiffs, Astellas did not allow for appeals or alternatives to vaccination, such as wearing a mask, and placed the plaintiffs on unpaid leave until terminating them on March 31.
The plaintiffs are seeking declaratory judgment that Astellas’ vaccination policy is illegal and unlawful, damages for emotional distress and suffering, attorney’s fees and costs, and other relief.
The plaintiffs are represented by the Pacific Justice Institute.
