A lawsuit involving twelve claims by employees of Tyson Foods alleging discrimination against workers not receiving COVID vaccination was recently heard by the U.S. District Court in the District of Western Tennessee. Nine claims relating to alleged violation of the First and Fourth Amendments to the U.S. constitution, the Religious Freedom Restoration Act and the Americans with Disabilities Act. were dismissed Chief U.S. District Judge Thomas Anderson noted the failure of plaintiffs to file charges with the Equal Employment Opportunity Commission. Three claims will be referred to the Attorney General of Tennessee alleging that Tyson Foods did not follow the Tennessee Human Rights Act with regard to granting religious or health accommodations.
Although the issue of COVID vaccination is in all probability moot, the outcome of the case will influence future policy by packers and processors. Case law concerning the rights of employers is evolving with regard to requiring vaccination against emerging or prevailing infections that impact health and may consequently result in disruption of production.