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The Tennessee Conservative [By Olivia Lupia] –
On March 26th, the Tennessee Supreme Court overturned a decision by a lower federal court which held that Blue Cross Blue Shield (BCBS) Tennessee did not have the right to fire an employee over her protests to lawmakers about the company’s Covid vaccination policies.
Former employee Heather Smith sued BCBS, claiming she was fired in retaliation in 2021 because she contacted state legislators after being denied a religious exemption from the company’s vaccination mandates.
BCBS maintained her communications were in violation of the company’s social media policy, per Becker’s, earning the case a dismissal by Chancellor Jeff Atherton, but the Tennessee Appeals Court overturned that decision and ruled in Smith’s favor .
The state Supreme Court, however, reversed the lower court’s ruling, contending in its majority opinion that only employees of government entities can claim retaliatory discharge based on the constitutional right to petition, not those of private companies.
Part of the high court’s ruling elaborates, “In this appeal, we hold that the right to petition in the Tennessee Constitution is enforceable against governmental entities, not private parties, and that it cannot be the basis for a ‘public policy’ exception to the employment-at-will doctrine as against private employers. Here, the plaintiff at-will employee emailed members of the Tennessee General Assembly expressing grievances about the COVID-19 vaccination mandate implemented by her employer, a private organization. After the employer told the plaintiff that the email violated the employer’s policies, the employee sent a second similar email to legislators. The defendant terminated the plaintiff’s employment.”
In a statement about the ruling, Dalya Qualls White, BCBS of Tennessee’s Senior Vice President and Chief Communications Officer said, “We appreciate the Tennessee Supreme Court’s consideration of our appeal, and we agree with the decision reached by the Court. We thank Ms. Smith for her service to BlueCross and wish her well.”
Last month, a federal judge in Tennessee upheld a jury’s decision in favor of another former BCBS employee who filed a religious discrimination lawsuit after being terminated for her refusal to comply with the company’s vaccine mandate.
He ruled BCBS must pay the plaintiff over $500,000 in damages and backpay, but this employee apparently never contacted any lawmakers or otherwise violated the company’s media policies, so there is a higher probability this ruling will not be successfully appealed by BCBS.
Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
