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Monday, May 25, 2026

Suit over COVID vaccine requirement moot - Virginia Lawyers Weekly

Where former UVA Health employees who lost their jobs over their refusal to take the COVID-19 vaccine sought reinstatement, but UVA Health has since rescinded the vaccine requirement and each of the terminated employees could apply for reinstatement without regard to their vaccine status, their suit was moot.

Background

In the Fall of 2021, UVA Health mandated that Tier 1 employees take the COVID-19 vaccine. UVA Health allowed exemptions from the vaccine requirement for medical or religious reasons, but employees who did not receive an exemption and still refused to take the vaccine were terminated.

Plaintiffs, 11 former UVA Health employees, were denied religious exemptions from the vaccine mandate and lost their jobs. Plaintiffs bring this action against the Rector and Visitors of the University of Virginia, or UVA, and several UVA employees alleging constitutional and employment discrimination claims for denying them religious exemptions from the vaccination requirement. Before me is plaintiffs’ motion for a preliminary injunction to require UVA to (1) offer plaintiffs reinstatement and (2) take no future adverse employment action against them based on their COVID-19 vaccination status.

Analysis

Mootness precludes a court from “advising on legal questions ‘when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome.’” This limitation applies throughout the litigation such that an action may become moot after being filed....



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