Takeaway: Employees claiming discrimination under federal law ordinarily cannot obtain a preliminary injunction to immediately stop the adverse action or obtain immediate reinstatement. Because Title VII of the Civil Rights Act of 1964 allows a broad range of remedies, a discrimination plaintiff has a hard time showing the extraordinary sort of situation to which preliminary injunctive relief would apply.

A pediatrician terminated for declining to receive a COVID-19 vaccine despite a hospital's vaccination requirement did not persuade the 7th U.S. Circuit Court of Appeals that he was entitled to immediate relief.

The plaintiff worked as a pediatric critical care specialist at St. Vincent Hospital in Indianapolis. Owned by Ascension Health Inc., St. Vincent Hospital adopted a COVID-19 vaccine requirement in the summer of 2021. Employees had until Nov. 12, 2021, to get vaccinated unless they received a medical or religious exemption.

In considering whether to grant an exemption, St. Vincent and Ascension considered the employee's position and the amount of contact with others, the current health and safety risk posed by COVID-19, and the cost and effectiveness of other safety protocols. The plaintiff treated gravely ill children, including those suffering from or at risk of organ failure, in the pediatric intensive care unit (ICU).

The plaintiff applied for a religious exemption to the COVID -19 vaccine mandate, but St. Vincent denied the request on the ground that providing...

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