In a first and only jury verdict in a COVID vaccine exemption case, a 100% vaccinated jury found that Bay Area Rapid Transit (BART) denied employees any accommodations after they submitted religious exemptions to COVID vaccination. The  jury found that BART caused them emotional distress, awarding six plaintiffs more than $1 million each. This case was argued using Title 7

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“This case shows what juries really think about these issues,” said litigator Jessica Barsotti, “Courts have been nervous about jury trials in COVID shot exemption cases, such as our masking case against Yorba Linda School District where we were headed to a jury trial, then the judge did a sudden about-face and threw out the case.” Jessica went on to say that she “loves jury trials because juries always get it right.”

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 (Title VII) makes it unlawful for an employer to discriminate against someone because of:

• Race;
• Color;
• Religion;
• Sex (including pregnancy, childbirth, and related conditions, sexual orientation, and gender identity); or
• National origin.

Title VII also makes it unlawful for an employer to take a negative action, or retaliate, against a person because they:

• Complained about discrimination, whether formally or informally;
• Filed a charge of discrimination with an agency like the U.S. Equal Employment Opportunity Commission, or
• Participated as a witness in an employment discrimination investigation or lawsuit.

Title VII also makes it unlawful to use policies or practices that seem neutral but have the effect of discriminating against people because of their race, color, religion, sex (including pregnancy, childbirth, and related conditions, sexual orientation, and gender identity), or national origin.

Under Title VII, it is unlawful to discriminate in any aspect of employment, including:

• Hiring and firing;
• Compensation, assignment, or classification of workers;
• Transfer, promotion, layoff, or recall;
• Job advertisements and recruitment;
• Testing;
• Use of employer facilities;
• Training and apprenticeship programs;
• Retirement plans, leave, and benefits; or
• Other terms and conditions of employment.