DETROIT (Michigan News Source) – A Michigan jury has awarded $12.69 million to Lisa Domski, a former employee of Blue Cross Blue Shield of Michigan, who was fired for refusing to comply with the company’s COVID-19 vaccine mandate due to religious beliefs.

The federal jury in the U.S. District Court in Detroit found that Blue Cross violated federal and state laws by denying Domski’s request for a religious exemption, marking an important case in ongoing vaccine mandate disputes across the country. This case is the first of its kind to go to trial in Michigan.

The case: faith-based exemption denied.

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Domski, a 32-year Blue Cross veteran working remotely as an IT specialist, sought an exemption to the vaccine mandate, citing her Catholic faith and concerns over the vaccines’ development processes involving fetal cell lines. While Domski’s attorney, Jon Marko, argued that her faith-based concerns were sincere, and included a written statement to her employer about her religious beliefs and information for per priest and parish. However, Blue Cross rejected her exemption, leading to her termination in January 2022.

Domski’s lawsuit claims that the senior Blue Cross employee responsible for determining vaccine mandate exemptions expressed skepticism about the legitimacy of religious accommodation requests. As a result, Blue Cross reportedly denied 75% of these requests, culminating in the termination of 250 employees in January 2022.

Marko argued that firing a remote employee posed no health threat to others, calling the company’s actions “evil.” The jury agreed, granting Domski $315,000 in back pay, $1.375 million for future wages, $1 million for non-economic damages, and $10 million in punitive damages.

A landmark verdict in vaccine mandate cases.

This decision could set a legal precedent, as Marko represents nearly 180 similar cases against Blue Cross. Attorney Noah Hurwitz, who co-counseled Domski’s case, is also involved in hundreds of lawsuits over vaccine mandates, including cases with major employers like T-Mobile, Honeywell, Detroit casinos and the city of Ann Arbor.

According to Hurwitz, about 90% of concluded cases have ended in settlements, often favoring workers who claimed religious discrimination. Cases involving medical accommodations, however, are harder to win due to stringent requirements under the Americans with Disabilities Act.

Blue Cross’s response: standing firm but weighing options.

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Blue Cross expressed disappointment in the verdict, emphasizing that its vaccine policy aimed to protect employee and community health. In a statement, the company underscored its commitment to lawful accommodations and respect for employees’ religious beliefs but maintained that they enacted a rigorous exemption process – which actually included a 15 minute interview and ten questions submitted to the employee. The company is reviewing its options for appeal, with further decisions pending.