Infinity Rehab has agreed to pay monetary damages and implement new training programs to resolve a federal discrimination charge involving an employee who was fired after requesting a religious exemption from COVID-19 vaccination requirements.
The U.S. Equal Employment Opportunity Commission announced the settlement with the rehabilitation and therapy service provider, which operates in 18 states including Minnesota. The case centered on an occupational therapy assistant who worked at a third-party long-term care facility that required all contracted staff to be vaccinated against COVID-19.
The employee requested a religious accommodation to avoid getting the vaccine based on her beliefs. While Infinity Rehab initially said it would accommodate the request, the third-party facility’s policies prevented the company from providing an exemption, leading to the employee’s termination.
EEOC finds probable cause for discrimination
The EEOC’s investigation concluded there was probable cause to believe Infinity Rehab engaged in discriminatory practices by terminating the therapy assistant’s employment. The conduct violates Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination and requires employers to provide reasonable accommodations for sincerely held religious beliefs.
“COVID vaccine mandates have been a major area of substantial encroachment on religious liberty, in contravention of long-standing federal employment law and EEOC guidance and enforcement in this space,” said EEOC Acting Chair Andrea Lucas. “A pandemic is not an exception for disregarding the rights of religious employees.”
Settlement requires policy changes and training
Under the settlement agreement reached through the EEOC’s pre-litigation conciliation process, Infinity Rehab must pay monetary damages to the former employee. The company also agreed to update its policies and procedures for handling religious accommodation requests from applicants and employees.
Additionally, Infinity Rehab will conduct training for management and human resources staff on religious accommodations, as well as educate non-supervisory employees about their rights under federal anti-discrimination laws.
“Providing reasonable accommodations for employees based on their religious beliefs is not optional,” said Amrith Kaur Aakre, director of the EEOC’s Chicago District Office. “An accommodation that allows an employee to perform their functions and causes no undue hardship is reasonable, and therefore must be provided. We appreciate Infinity Rehab for participating in the conciliation process and taking steps to protect current and future employees from discrimination.”
Implications for employers
The case highlights the ongoing challenges employers face when navigating religious accommodation requests, particularly in healthcare settings with strict vaccination requirements. Employers must balance third-party facility requirements with their legal obligations to accommodate employees’ religious beliefs.
The EEOC’s Chicago District Office handles discrimination charges for Illinois, Wisconsin, Minnesota, Iowa, North Dakota and South Dakota, with area offices in Milwaukee and Minneapolis. The federal agency investigates and litigates against private sector employers for violations of employment discrimination laws.
