vaccine
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10th Circuit rejects assortment of legal theories challenging workplace vaccine mandates
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The Denver-based federal appeals court rejected an array of legal theories on Tuesday that challenged employers’ ability to impose COVID-19 vaccination requirements under the U.S. Constitution, laws governing emergency drug authorizations and the rules for human experimentation. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit followed in the footsteps of…
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Federal judge sides with Colorado Symphony in violinist’s religious discrimination lawsuit
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A federal judge last week found the Colorado Symphony Association had not discriminated against a violinist on the basis of her religion by placing her on leave when she did not receive a COVID-19 vaccination. Larisa Fesmire has been a violinist with the Colorado Symphony Orchestra since 1998. She described herself as a “Bible based…
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Federal judge rejects ex-Denver employee’s lawsuit over vaccine objection
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A federal judge ruled last week that a former Denver employee had not shown the city violated his rights by rejecting his request for a religious exemption to the COVID-19 vaccine mandate. Specifically, U.S. District Court Chief Judge Philip A. Brimmer concluded plaintiff Patrick Higgins had not actually lodged a coherent religious-based objection, as he…
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10th Circuit partially reinstates fired nursing home worker’s lawsuit over COVID-19 vaccination
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The federal appeals court based in Denver ruled on Tuesday that a former nursing home employee can pursue her claim of religious discrimination against her employer for failing to grant a religious exemption to its COVID-19 vaccination requirement. Diann R. Bolonchuk alleged she was an 18-year employee of Cherry Creek Nursing Center/Nexion Health when it…
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‘Hostile and discriminatory’: 10th Circuit slams CU for treatment of religious vaccine exemptions
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In a fiery opinion on Tuesday, the federal appeals court based in Denver tore into a pair of COVID-19 vaccination policies the University of Colorado imposed on medical staff in late 2021, concluding they discriminated against certain religions and affected plaintiffs were consequently entitled to exemptions. By 2-1, the all-Republican panel of the U.S. Court…
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Unvaccinated nurse properly denied unemployment benefits, appeals court says
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A nurse who avoided COVID-19 vaccination on religious grounds but refused to sign her employer’s exemption form was properly denied unemployment benefits after the company placed her on unpaid leave, Colorado’s second-highest court ruled on Thursday. Although the purpose of unemployment benefits is to compensate workers who lose their jobs through no fault of their…
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Federal judge rejects lawsuit of Colorado Springs man fired for ignoring COVID-19 protocols
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A federal judge has declined to reconsider her dismissal of a Colorado Springs man’s lawsuit, involving his termination from a defense contracting company because he refused to abide by corporate COVID-19 protocols. Michael S. Freeman II, representing himself in court, alleged Raytheon Technologies and multiple federal officials violated his rights by issuing and enforcing requirements…
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10th Circuit throws out challenge to military’s now-rescinded COVID vaccine mandate
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The federal appeals court based in Denver dismissed an attempt by two ex-military personnel to halt the U.S. Department of Defense’s COVID-19 vaccination requirement, recognizing on Thursday that the government had already rescinded the mandate and there was nothing for the court to block. A three-judge panel of the U.S. Court of Appeals for the…
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Colorado appeals court agrees woman fired for vaccine non-compliance not entitled to unemployment benefits
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A woman who was fired because she refused to comply with her employer’s COVID-19 vaccination policy, while seeking neither a religious nor a medical exemption, is not entitled to unemployment benefits, Colorado’s second-highest court decided last month. Kristen Bara worked as the office manager at the Mental Health Center of Boulder County. After her termination,…
