A recent court decision bolstered the position of employers who take a strict position on enforcing COVID-19 vaccine mandates. Specifically, on January 3, 2022, the U.S. District Court for the Eastern District of Michigan denied an employee’s motion for a preliminary injunction, asking the court to prevent his employer, Blue Cross Blue Shield of Michigan (BCBSM), from terminating his employment due to his refusal to receive a COVID-19 vaccine based on religious grounds.
In the case, Ryan Romano v. Blue Cross Blue Shield of Michigan, the employee, Mr. Romano, alleged that he was set to be fired on January 4, 2022 if he did not receive a COVID-19 vaccine, despite his religious objection to receiving it. BCBSM indeed enforces a policy requiring its employees to receive the COVID-19 vaccine or face consequences, and although the policy allows for certain religious exemptions, Mr. Romano claimed that he had been improperly denied such an exemption.
Mr. Romano filed his lawsuit in December 2021—before the potential termination date—and sought a preliminary and permanent injunction preventing his termination, on grounds that BCBSM’s COVID-19 vaccine policy violates federal and state civil rights laws, as well as the U.S. and Michigan Constitutions.
In a concise opinion, the court denied Mr. Romano’s motion because he failed to show immediate and irreparable harm. As the moving party, the court held that Mr. Romano’s irreparable injury must be both certain and immediate, not...
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