Infinity Rehab Will Pay to Resolve Covid Vaccine Mandate-Related EEOC Religious Discrimination Charge

MINNEAPOLIS – Premiere Rehab (doing business as Infinity Rehab), a rehabilitation and therapy service provider with locations in 18 states, including Minnesota, has agreed to resolve a discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. As a result of successful conciliation efforts between the parties, Infinity Rehab has agreed to provide monetary relief to the affected employee and to provide training for all employees and managers.

During the COVID-19 pandemic, an employee who worked as an occupational therapy assistant for Infinity Rehab was placed into a third-party long-term care facility. The facility’s policies required all contracted staff working within the facility to be vaccinated against the COVID-19 virus. Pursuant to her religious beliefs, the employee requested an accommodation so she would not have to get the vaccine. While Infinity Rehab initially asserted it intended to accommodate the employee’s request, the third-party facility’s policies ultimately precluded them from providing the employee with an accommodation and she was terminated as a result.

The EEOC’s investigation found that probable cause existed to believe Infinity Rehab, the staffing agency responsible for placing the employee in the third-party facility, engaged in an unfair discriminatory practice, and ultimately terminated the therapy assistant’s employment.

Such alleged conduct is a violation of Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on religion and requires employers to provide reasonable accommodations related to sincerely held religious beliefs and practices.

Following the investigation, the parties engaged in the EEOC’s pre-litigation conciliation process, which resulted in a settlement, requiring Infinity Rehab to pay monetary damages to its former employee; update policies and procedures for applicants and employees to request a religious accommodation; implement training for management and human resources staff; and conduct training to inform non-supervisory employees of their rights.

“COVID vaccine mandates have been a major area of substantial encroachment on religious liberty, in contravention of long-standing federal employment law and EEOC guidance and enforcement in this space.” EEOC Acting Chair Andrea Lucas said. “A pandemic is not an exception for disregarding the rights of religious employees.”

“Providing reasonable accommodations for employees based on their religious beliefs is not optional,” said Amrith Kaur Aakre, director of the EEOC’s Chicago District Office. “An accommodation that allows an employee to perform their functions and causes no undue hardship is reasonable, and therefore must be provided. We appreciate Infinity Rehab for participating in the conciliation process and taking steps to protect current and future employees from discrimination.”

For information about religious discrimination in the workplace, visit https://www.eeoc.gov/religious-discrimination. 

The EEOC’s Chicago District Office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.