Lowe v. Mills, No. 22-1710 (1st Cir. 2023)
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The First Circuit affirmed in part and reversed in part in this case brought against three Maine government officials in their official capacities (collectively, the State) and several healthcare providers (the Providers) by Plaintiffs, seven healthcare workers whose employment was vaccinated after they refused to accept COVID-19 vaccination (collectively, the Providers), holding that the court erred in dismissing certain claims.
In 2021, under the "Mandate," Maine required certain healthcare facilities to ensure that their non-remote workers were vaccinated against COVID-19. Plaintiffs alleged that their sincerely-held religious beliefs prevented them from receiving any of the available COVID-19 vaccines and requested that their employers, the Providers, exempt them from the vaccination requirement. The Providers refused and terminated Plaintiffs' employment. Plaintiffs brought this suit alleging several claims. The district court dismissed the complaint in its entirety. The First Circuit reversed in part, holding that the district court (1) did not err in dismissing Plaintiffs' claims brought under Title VII of the Civil Rights Act of 1964; but (2) erred in dismissing Plaintiffs' claims for relief under the Free Exercise and Equal Protection Clauses.
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