Tyson class action alleges company discriminated, retaliated against worker’s religious exemption for COVID jab

Tyson discrimination class action overview: 

• Who: Tyson Foods Inc. is facing a class action lawsuit related to its COVID-19 vaccine requirements at its in-person facilities. 
• Why: Tyson is accused of not honoring religious exemption paperwork for the vaccine and instead terminating employees who would not get the vaccine.
• Where: The Tyson COVID vaccine class action was filed in federal court in Arkansas.

Tyson Foods Inc. is facing a class action lawsuit related to its COVID-19 vaccine requirements at its in-person facilities.

Tyson began requiring all supervisors to be fully vaccinated by Sept. 24, 2021, with the requirement applying to employees in corporate departments by Oct. 1, 2021. All other employees were required to get their vaccines by Nov. 1, 2021.

The Tyson COVID requirement coincided with Pres. Joe Biden’s OSHA vaccine mandate, which the U.S. Supreme Court ruled unconstitutional in January 2022.

Lead Plaintiff Sarah Pearson was a 20-year employee of Tyson who accepted a change to a Senior Controller job in February 2020 that was fully remote. She filed paperwork for a religious vaccine exemption but claims she was put on leave instead of being able to continue to work remotely and then ultimately offered an in-person job that would have required her to drive from her home to the Tyson corporate headquarters in Springdale, Arkansas.

Tyson COVID class asking for lost wages, future wages, distress and damages, lawsuit says

Pearson was terminated from the company in December 2022, according to the Tyson discrimination class action.

“Plaintiff declined Tyson’s job offer, because it was unreasonable and impossible for her to move (to) Springdale, Arkansas,” the Tyson COVID lawsuit says. “Further, Tyson’s job offer was discriminatory and retaliatory in response to Plaintiff’s religious accommodation request.”

The class counsel is asking for lost wages, future lost wages and benefits, compensation for emotional distress, punitive damages and injunctive relief against Tyson for its alleged discrimination against those claiming religious exemption to COVID vaccine requirements.

In other Tyson Foods-related news, the company recently announced a recall of around 29,819 pounds of its fully cooked, breaded, dinosaur-shaped chicken patty products over concerns they are contaminated with metal pieces. 

Have you experienced workplace religious discrimination? Let us know in the comments.

The plaintiff is represented by Brian A. Vandiver of Cox, Sterling, Vandiver & Botteicher PLLC.

The Tyson discrimination class action lawsuit is Pearson v. Tyson Foods Inc., Case No. 4:23-cv-01080-BSM, in the U.S. District Court for the Eastern District of Arkansas Central Division.

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