A federal appeals court on Wednesday denied an injunction to a group of hospital workers in Massachusetts suing their employer for a mandate for covid-19 vaccine.
Agrees with previous district court judgment in Together Employees v. Mass General Brigham Inc., 1st U.S. Circuit Court of Appeals in Boston said the former employees of Mass General Brigham had not met the requirements for an emergency injunction pending an appeal of their case.
Eight hospital employees within the 14 hospital system applied for individual religious exemptions and / or medical exemptions, which MGB refused. When the employees still refused to get vaccinated, MGB put them on unpaid leave.
The plaintiffs sued MGB under Section VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, claiming that MGB acted illegally in rejecting their individual applications for exemption. The district court rejected a request for an injunction, which would have required that the complainants be reinstated from status as unpaid leave. After the vaccination period for MGB had passed, one complainant resigned, another was vaccinated and the remaining six had terminated their employment, according to court records.
The Court of Appeal ruled that they had not shown irreparable damage, which is required for a preliminary injunction. The court wrote that “Complainants made virtually no effort to show irreparable harm. Instead, they largely repeated their previously failed arguments.”