Tennessee woman fired for refusing employer's COVID-19 vaccine mandate wins almost $700K

CHATTANOOGA, Tenn. — UPDATE (July 2nd):

We spoke withTanja Benton’s attorney Doug Hamill Tuesday, who tells us Benton's religion is "Christian non-denominational."

According to the Associated Press, an internet-wide video by the group Project Veritas led to false claims online that Pfizer’s COVID-19 vaccine contains fetal cells.

The AP says this caused social media users to spread this information online, referencing religious exemptions from the vaccine.

A study by National Geographic shows fetal cells as a part of the testing or development process of the COVID-19 vaccine, but not a direct ingredient.

But, Hamill says Benton believed that the vaccine would be injecting fetal cells into her body.

He says Benton working for a healthcare insurance company creates a bit of a gray area in requesting exemption from the vaccine

"Health care workers like frontline nurses, they sometimes are mandated to have vaccines as a requirement for their job. But this was different, because my client, as most employees of BlueCross, is not a health care worker. You know, BlueCross is an insurance company. They're not a direct health care provider. So this was a little bit of an unusual situation," Hamill says.

Religious liberty expert Douglas Laycock saysTitle 7 protects general employment discrimination, including religion.

But he says COVID-19 caused those against vaccines to take advantage of this statute.

"Nearly all of those claims were insincere. They were not religious at all. They were political," Laycock says.

But, he says Benton’s claim is an exception

"Some of the people resist because at one point, stem cell lines from an aborted fetus were used in development. Some of those are sincere. They're often confused about the facts."

In court paperwork, before the verdict, attorneys for Blue Cross Blue Shield of Tennessee wrote that the insurance company provided Benton reasonable accommodations.

They also argued that testimony in court did not establish that her opposition to the vaccine is part of a comprehensive belief system.

Dalya Qualls White, BCBST SVP and Chief Communications Officer, told us in a statement Tuesday...

"We’re disappointed by the decision. We believe our vaccine requirement was the best decision for our employees and members, and we believe our accommodation to the requirement complied with the law. We appreciate our former employees’ service to our members and communities throughout their time with our company."

EARLIER (July 1st):

A federal jury has determined a woman who was fired for refusing to get a COVID-19 vaccine mandated by her employer, BlueCross BlueShield of Tennessee, is due a settlement worth almost $700,000.

The jury found that Tanja Benton 'proved by a preponderance of the evidence" that her refusal to get the shot "was based on a sincerely-held religious belief."

Benton worked at BCBST from 2005 through November of 2022, primarily as a bio statistical research scientist.

Her federal lawsuit said it was not a part of Benton's job to regularly come into contact with people, saying she had a portfolio of 10 to 12 clients each year, with whom she only interacted with infrequently, and sometimes not in person. It also pointed out that Benton never came into contact with any patients as part of her job.

Like many others, the pandemic changed Benton's job. She says she worked from home for the next year and a half, without any complaints.

But when BCBST announced it would require COVID-19 vaccines for all employees, she refused, saying in her lawsuit that she

...firmly believes, based upon personal research, that all COVID-19 vaccines are derived from aborted fetus cell lines.

Because of that, Benton's lawsuit said she

..cannot in good conscience consume the vaccine, which would not only defile her body but also anger and dishonor God.

[Note: The claim that the vaccine contains aborted fetal cells has been debunked.]

Benton submitted a request for a religious exemption to BCBST's vaccine mandate. But BCBST denied her request, saying she could not continue her job as a bio statistical research scientist.

Benton appealed, saying she did not interact with people during the course of her work day, and a company representative responded that "there are no exceptions" for anyone who has Benton's job title, and suggested she apply for a different job.

BCBST ultimately fired Benton, and she filed the federal lawsuit.

Earlier, BCBST sent us this statement regarding Benton's case:

The vaccine requirement was the best decision for the health and safety of our employees and members – some of whom are the most vulnerable in the state - and our communities. We appreciate our former employees’ service to our members and communities throughout their time with BlueCross.

As part of its verdict, the federal jury awarded Benton $177,240 in back pay, $10,000 in compensatory damages, and $500,000 in punitive damages, for a total of $687,240.

Read the full settlement document below:

Another lawsuit against BCBST over this issue is still pending.