CHARLESTON – A registered nurse says Thomas Memorial Hospital wrongfully denied her religious exemption request from taking the COVID-19 vaccine.
Larah Bess filed her complaint March 6 in Kanawha Circuit Court against Thomas Health System Inc.
According to the complaint, Bess previously worked at both Montgomery General Hospital and Beckley Appalachian Regional Hospital. Both of those facilities granted her religious exemptions to the COVID-19 vaccine, according to the complaint.
During the employment application process with Thomas in the fall of 2022, Bess says she was subjected to a “shockingly combative and outrageous ‘interrogation’ session challenging and cross-examining her religious beliefs” that caused her to break down in tears.
“Our religious liberties are fundamental civil rights, and no one should be cross-examined about their religious beliefs when applying for a job, especially to the degree they are made to feel belittled and humiliated for those religious beliefs,” attorney Scott Evans said. “It is my opinion that from the very beginning, Thomas Health System was extremely hostile to Ms. Bess’ religious beliefs and, when she requested a religious exemption, Thomas Health System automatically defaulted to a position of disbelief without any legitimate or bona fide basis to question her sincerity.
“Rather than examine how Thomas Health System could accommodate Ms. Bess’ religious request, just like two other local hospitals had done for her in the past, Thomas Health System, in my opinion, decided to target Ms. Bess for degradation and humiliation due to her religious beliefs. This is shocking and intolerable, and, as such, Thomas Health System needs to be held accountable.”
During a meeting on October 4, 2022, Bess says she met with two representatives of the hospital’s human resources department. She says a woman she believes to be the vice president of HR for Thomas Health System “aggressively and in a very hostile and ridiculing manner” questioned her about the religious exemption request.
She says the questions included ones about the use of aborted fetal cells in the development of the COVID-19 vaccines, her past use of any medicine, her family’s COVID-19 vaccine status, her overall vaccine status and the basis and rationale behind her reasons for requesting the exemption.
“The individual … kept attempting to rebut, challenge and argue with Bess regarding the reasons given by her in support of her sincerely held religious beliefs that form the basis of her request for COVID-19 vaccine exemption,” the complaint states. “The manner that Bess was interrogated … was so shockingly hostile and humiliating that Bess, a seasoned nurse with years of experience of working under the extreme pressure of the ICU and ER settings, emotionally broke down and cried in front of these two Thomas Health System representatives due to their mistreatment and abusive questioning of her religious beliefs.
“In fact, Bess was so emotional and cried so much during this meeting that one of the HR representatives offer her tissues to dry her tears.”
On October 13, 2022, Bess says she received a letter advising her she would not receive an employment offer because her religious exemption was denied.
Bess accuses Thomas Health System of failing to provide a reasonable accommodation, subjecting her to a hostile environment and subjecting her to religious-based inquiries as an applicant for employment, all of which are violations of the West Virginia Human Rights Act. She also accuses the defendant of common law intentional infliction of emotional distress, and she says she suffered humiliation, mental pain and suffering, emotional distress and embarrassment.
She seeks compensatory damages including lost wages and benefits, general damages, punitive damages, court costs, pre- and post-judgment interests, attorney fees and other relief.
Bess is being represented by Evans of Scott Evans Law in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 24-C-302
