Zimmerman V. PeaceHealth
Our Latest Response
Hello SMF family! This week is midway through and it has already been action-packed. Watch for Pete’s interview with Jenna Ellis to drop on our channels today. It was a great opportunity to share what is taking place in Washington state with a larger audience. Our battle is significant and getting the word out is imperative.
Yesterday, Silent Majority Foundation filed a response to PeaceHealth’s Motion for Supplemental Pleadings (Documents attached below). A Motion for Supplemental Pleading provides information on a new case law since the filing of the case. In this case, the parties are briefing the recent Supreme Court decision in Groff v. DeJoy (a labor case where the plaintiff sued the US Postal Service for its refusal to accommodate the Plaintiff’s sabbath worship by scheduling him off on Sundays). Groff is critical to this case (and several other COVID workplace litigation matters) as it stands for the proposition that an employer cannot simply deny an accommodation because the employer would incur a de mimimis burden such as a limited increased in operational costs or requirement to change other personnel schedule, etc.). The Supreme Court held that proper standard for an employer to deny a work place accommodation was that the employer would need to show a substantial burden or substantial increased costs.
Our Conclusion
“Accepting Plaintiffs allegations as true, the Court should deny the Defendants motion to dismiss. The Defendants have failed to prove that there are not circumstances under which Plaintiffs can prevail or that Plaintiffs have failed to plead all elements of their claim. Plaintiffs dispute the central issues claimed by Defendants, (1) that Defendants used the correct standard under Groff, or that Defendants could meet such a standard; (2) that Plaintiffs were dangerous to patients, employees, and/or the community such that there very presence of unvaccinated employees in the facility could not be tolerated requiring discipline of such employees; and/or (3) that the law would not allow Defendants to accommodate Plaintiffs religious beliefs. Therefore, the motion to dismiss should be denied.”
We believe that the Supreme Court’s decision in Groff strengthens our case, and we’re excited to share our response brief and a couple of exhibits that demonstrate that PeaceHealth employed the de minimis standard rather than the substantial burden standard.
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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.
