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Press Release –
CHATTANOOGA, TN, February 1, 2025 – In June 2024, a Tennessee federal jury awarded former BlueCross BlueShield of Tennessee (BCBST) employee Tanja Benton more than $680,000 after the insurer “did not prove by a preponderance of the evidence either that it had offered a reasonable accommodation to Plaintiff or that it could not reasonably accommodate the Plaintiff’s religious beliefs without undue hardship.”
According to court documents, the jury awarded total damages to Benton in the amount of $687,240.00, comprised of $177,240.00 in back pay damages, $10,000 in compensatory damages, and, by separate verdict, $500,000 in punitive damages. The verdict was filed on Thursday, June 27 and Friday, June 28, 2024.
On January 31, 2025, U.S. District Judge Charles Atchley Jr. issued a final ruling in the religious discrimination lawsuit brought by former BCBST employee Tanja Benton. The court ordered BCBST to pay Benton a total of $502,380.65 in damages.
This ruling comes after BCBST filed a Renewed Motion for Judgment as a Matter of Law following Benton’s initial victory in June 2024. The motion sought to challenge the jury’s verdict and reduce the punitive damages award.
Key points of the ruling:
· The court reduced the punitive damages from $500,000 to $300,000, in accordance with the statutory cap for employers with more than 500 employees.
· Judge Atchley dismissed BCBST’s other claims, upholding the jury’s finding that Benton’s refusal of the COVID-19 vaccine was based on sincerely held religious beliefs.
· The final award of $502,380.65 includes back pay, compensatory damages, and the adjusted punitive damages.
Additionally, a group of employees terminated by BlueCross BlueShield of Tennessee (BCBST) over a Title VII violation regarding religious discrimination pertaining to the COVID-19 vaccine mandate are also in current litigation with the state of Tennessee’s largest health insurer.
A spokesman for the group says after a lengthy investigation process by the U.S. Equal Employment Opportunity Commission (EEOC) since November 2021, the terminated employees have filed a class action suit in federal court.
Between October and November 2021, BCBST terminated 41 of their employees after BCBST implemented a COVID-19 vaccine mandate for 900 “customer facing roles.”
Many of these 900 employees who were NOT “customer facing” were full time telecommuters and had been working from home during the entire pandemic.
The livelihoods of these 900 employees were threatened if they refused to comply with BCBST’s vaccine mandate. Out of the 900, 41 refused to comply with BCBST’s mandate and were fired from their positions. Some still have yet to secure employment.
In October 2021, nineteen employees were terminated.
In November 2021, twenty-two additional employees were fired weeks ahead of a Tennessee law being passed to prevent BCBST from moving forward with the mandate. Many submitted requests for religious exemptions and reasonable accommodations.
Rather than provide a reasonable accommodation such as a telecommuting option (an option that was currently in place and was continuing for the entire year) or a testing option, BCBST’s response was that you have 30 days to change your deeply held religious convictions and get the shot, find a new job, or be fired. Requests for religious exemptions were ultimately denied.
Former BCBST employee Tanja Benton’s ruling comes just days after President Trump signed an Executive Order to reinstate military service members who were terminated for refusing the COVID-19 vaccine.
For more information on the details of all BCBST’s terminations, please visit the group’s Give Send Go page.
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