Update on Medical Freedom
Zimmerman V. Peacehealth
Hello everyone! We wanted to provide a hot-off-the-press update regarding one of our medical freedom cases, Zimmerman v. PeaceHealth. Here is a bit of the backdrop:
On 12/12/2022, Silent Majority Foundation filed a mass tort lawsuit against PeaceHealth on behalf of PeaceHealth employees who were placed on indefinite administrative leave without pay for failure to receive the COVID-19 shot. These employees sought religious exemptions and received them, but PeaceHealth refused to accommodate them. SMF sought seeking injunctive relief (to end the indefinite leave without pay and regain employment) and damages. PeaceHealth filed a Motion to Dismiss in March, and the Judge has yet to rule on the Motion.
Update
Yesterday, Silent Majority Foundation filed a Notice of Supplemental Authority citing a from the United States Supreme Court decision, which was issued yesterday: Groff v. DeJoy, Postmaster General. (Filing attached.) SMF cited to DeJoy for the proposition that PeaceHealth was not entitled to place its employees on indefinite leave of absence and that allowing them to work while unvaccinated did not create an “undue hardship” on PeaceHealth (the employer). DeJoy offered two critical points that we believe will benefit our Plaintiffs:
The Court held that the de minimis standard for determining whether an accommodation would be an undue burden was incorrect. The correct standard was whether the employer would suffer “substantial increased costs in relation to the conduct of its particular business.” PeaceHealth relied on the de minimis standard in its treatment of the Zimmerman Plaintiffs.
The Court noted that the lower courts should review “the particular accommodations at issue and their practical impact in light of the nature, ‘size and operating cost of [an] employer.’” DeJoy, page 18.
The Court held that the “[c]onsideration of other options, such as voluntary shift swapping, would also be necessary.” DeJoy, page 20. Thus the employer has a duty to consider and present alternate accommodations.
SMF submitted the Notice of Supplemental authority yesterday afternoon as Judge Lin has yet to rule on PeaceHealth’s request to dismiss the case. We will keep you up to date as the case proceeds.
Silent Majority Foundation (SMF) is a 501(c)(3) organization centered on protecting America's constitution and theological foundation. As founders of SMF, we support, protect and defend the constitution of our United States through education, advocacy, and litigation efforts. SMF will always focus on God and Country as the core of our mission.
Bravo for Silent Majority's determined, resolute, steadfast efforts to bring justice to workers who were unfairly discriminated against by illegitimate vaccine mandates. These court rulings are critical to right the wrongs of the past three years and to protect employees against future discrimination when plandemic 2.0 or climate lockdowns come down the pipe. When the next vaccine or CBDC or implantable chip mandate threatens personal health and liberty, remember the deceptions of the past few years, then unite and resist together. The wrongful terminations only happened because we allowed ourselves, as employees, to be divided. Never again.