Case 6:22-cv-00219-AA Document 1 Filed 02/11/22 Page 1 of 8

Caroline Janzen, OSB #176233

caroline@.ruogedlaw.com
503-520-9900
JANZEN LEGAL SERVICES,LLC
4550 SW Hall Blvd
Beaverton, OR 97005
Phone: 503-520-9900
Fax: 503-479-7999
Attorney for Plaintiff

IN THE FEDERAL DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

JESSICA BERRA,an Individual, Case No.

Plaintiff, COMPLAINT FOR DAMAGES

(EMPLOYMENT DISCRIMINATION)
V.
Prayer: $454,107.00
PEACEHEALTH,a corporation.
NOT SUBJECT TO MANDATORY
ARBITRATION
Defendant.
JURY TRIAL REQUESTED

COMES NOW,Plaintiff Jessica Berra, through counsel, and files this Complaint for

Damages against the above-named Defendant. Plaintiff alleges as follows:

INTRODUCTION

This case goes to heart of an individual’s fundamental right to free religious expression

and thought. This case also grapples with the very topical controversies surrounding

management ofthe COVID-19 pandemic and the vaccine mandates that have swept the nation.

Janzen Legal Services,LLC

4550 SW Hall Blvd
Page 1 -COMPLAINT FOR DAMAGES Beaverton, Oregon 97005
Office: 503-520-9900; Fax: 503-479-7999
 Case 6:22-cv-00219-AA Document 1 Filed 02/11/22 Page 2 of 8

In the end, though, this case is about the Plaintiff and the unlawful religious discrimination she

suffered at the hands of her employer, PeaceHealth.

JURISDICTION, VENUE,AND PARTIES

1.

Venue for this action is proper in the District of Oregon. The Plaintiff, Jessica Berra,

lives in Lane County, Oregon. Defendant is a corporation with more than 500 employees that

does regular, sustained business activity in the State of Oregon. Plaintiff exhausted her

administrative remedies through the U..S. Equal Employment Opportunity Commission and

received a right-to-sue letter on or about November 15, 2021.

2.

At all material times. Plaintiff was a resident of Lane County, Oregon.

3.

At all material times, Defendant PeaceHealth was regularly conducting business in the

State of Oregon, specifically at the Springfield facility.

4.

Plaintiff seeks a jury trial for all claims that can be tried to a jury under federal law.

STATEMENT OF FACTS

5.

Beginning in June 2014, Plaintiff worked as an inpatient registered nurse for seven years

at the Defendant’s facility in Springfield, Oregon. In her role as an inpatient nurse, Plaintiff

worked directly with patients hospitalized with a variety of illnesses, injuries, and other medical

conditions. Plaintiff is a well-regarded nurse, a hard worker, and worked without issue until the

COVID-19 pandemic.

Janzen Legal Services, LLC

4550 SW HallBlvd
Page 2-COMPLAINT FOR DAMAGES
Beaverton, Oregon 97005
Office: 503-520-9900; Fax: 503-479-7999
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6.

Plaintiff is also deeply religious Christian and member of the Baptist Church who is

devoted to her faith. Plaintiff is dedicated to following the tenets of her faith to the best of her

ability.

7.

Until the COVID-19 pandemic unfolded, Plaintiffs faith had not caused a conflict with

her work requirements.

8.

The COVID-19 pandemic manifested in Oregon in late February of 2020. The pandemic

immediately represented a dramatic event in the lives of every Oregon resident, but particularly

individuals who worked in health care facilities. As a registered nurse focused on direct patient

care for hospitalized patients, Plaintiff was exposed to the harsh realities of the pandemic on a

day-to-day basis, including the risk that she herself may have been infected with the virus

9.

Despite those risks, Plaintiff continued to provide an exceptional quality of work at the

Defendant's hospital. Like so many health care workers during the pandemic. Plaintiff adjusted

her life to best ensure the safety of her patients and colleagues. Plaintiff did so with little thought

to her own self because of her dedication to her work and to the Defendant PeaceHealth.

Plaintiff also scrupulously followed hospital rules and regulations to protect against infection,

which included the wearing of personal protective equipment (herein, “PPE”), testing for

COVID-19, hand-washing and other hygiene protocols, social distancing when possible, and

quarantining if necessary.

10.

In the summer of 2021, Plaintiff was notified that the Defendant would be implementing

and enforcing a vaccine mandate in the workplace. Plaintiff was informed that those individuals

with religious beliefs in conflict to the vaccine and/or to the taking of the vaccine could apply
Janzen Legal Services, LLC
4550 SW HallBIvd
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Beaverton, Oregon 97005
Office: 503-520-9900; Fax: 503-479-7999
 Case 6:22-cv-00219-AA Document 1 Filed 02/11/22 Page 4 of 8

for religious exceptions. As a devout Christian, Plaintiff had serious objections to taking the

vaccine because it would constitute violating her bodily integrity and tainting the purity of her

body. Specifically, Plaintiff cited to 1 Corinthians 3:15-19 in support of her request for a

religious accommodation. Moreover, as Plaintiff notified PeaceHealth, her refusal of the

COVlD-19 vaccine was consistent with her past practices: specifically, she had refused to take

the influenza vaccine in the past based on the same objections she had to the COVlD-19

vaccine.

11.

On or about August 16, 2021, Plaintiff notified her nursing manager, Megan Schultz that

her sincerely held religious beliefs prevented her from taking the COVlD-19 vaccine and that

she would require a religious exemption from the vaccine. Plaintiff filed the formal paperwork

for a religious exemption and anticipated it would be granted.

12.
On August 27, 2021, Plaintiff was notified that her religious exemption had been
granted. Plaintiff assumed this would mean she would be able to continue working with the
COVID-19 protocols in place, as she had since the start of the pandemic. Instead, Defendant
sent the following message to Plaintiff:

Unfortunately, based on the latest data about the accelerating

public health emergency caused by transmission of new
COVID-19 variants, PeaceHealth has made the clinical determination
that contact between unvaccinated caregivers and patients, caregivers
or other community members in our facilities poses an unacceptable health
and safety risk.

Plaintiff was ultimately informed that Defendant would not accommodate her religious

exception and that she would be placed on unpaid administrative leave as of August 31, 2021.

Plaintiff was formally notified that Defendant refused to accommodate her on or about

September 13, 2021.

13.

Although Plaintiff was able to negotiate to use her own earned paid time leave for part of

Janzen Legal Services, LLC

4550 SW Hall Blvd
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Beaverton, Oregon 97005
Office: 503-520-9900; Fax: 503-479-7999
 Case 6:22-cv-00219-AA Document 1 Filed 02/11/22 Page 5 of 8

the administrative leave, she has not received a paycheck since the middle of October 2021. Her

medical insurance benefits were terminated at the end of November 2021.

14.

The termination of Plaintiff s pay and medical benefits has had a significantly negative

impact on her life. Prior to her effective termination. Plaintiff was earning $49.00 an hour, for an

annual salary of approximately $67,000.00. Plaintiff has not yet been able to replace this loss of

income and, consequently, has had to dip into her savings. Moreover, Plaintiff carried all health

care benefits for her family (her husband and children); because of the termination of her

benefits, she was forced to seek separate health insurance. When Plaintiff contacted Defendant

for a letter of termination of benefits so that she would not have a gap in insurance coverage.

Defendant would not provide the letter until the benefits ended at the end of November 2021,

causing stress and anxiety about medical coverage for her husband and children.

15.

The Defendant has yet to explain why, in its view, after nearly two years of being able to

work without incident during the pandemic, Plaintiffs presence suddenly created an

“unacceptable health and safety risk” necessitating her being placed on unpaid administrative

leave.

16.

Plaintiff s termination date should be treated as August 31, 2021, based on the

Defendant’s termination of Plaintiffs pay.

17.

Upon information and belief, the Defendant’s adverse employment actions against

Plaintiff were not, as claimed, to protect against an “unacceptable health and safety risk.”

Instead, those actions were discriminatory against Plaintiff based one her sincerely held religious

beliefs and retaliation for expressing those beliefs. There were reasonable accommodations

available to the Defendant with no undue burden on it that it failed to pursue. Instead, it took the

Janzen Legal Services, LLC

4550 SW Hall Blvd
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Beaverton, Oregon 97005
Office: 503-520-9900; Fax: 503-479-7999
 Case 6:22-cv-00219-AA Document 1 Filed 02/11/22 Page 6 of 8

most drastic employment action it could against Plaintiff with an unlawful discriminatory intent.

18.

Because of the Defendant’s unlawful termination of Plaintiff. Plaintiff has suffered

economic loss and emotional distress. She also has been ostracized and stigmatized unfairly for

her religious convictions.

FIRST CLAIM FOR RELIEF

(Unlawful Employment Discrimination Based on Religion

in Contravention of Or. Rev. Stat. § 659A.030)

Plaintiff realleges all paragraphs above and below as if fully set forth herein.

19.

Plaintiff is a member of a protected class on the basis of her devout and sincerely held

religious belief in the tenants of Christianity.

20.

The Plaintiffs sincerely held religious beliefs conflicted with the Defendant’s COVID-

19 vaccine mandate.

21.

When Plaintiff raised her well-founded and sincere religious objection to taking the

COVlD-19 vaccine, the Defendant failed to make a good faith effort to accommodate Plaintiffs

religious beliefs. It would not have been an undue hardship to have allowed Plaintiff to continue

working with PPE, regular testing, and other measures to protect against the spread of COVID-

19, as was done for the nearly two years before the imposition of the COVID-19 vaccine

mandate.

22.

Instead of finding a reasonable accommodation or set of accommodations for her

religious beliefs, the Defendant engaged in a series of adverse employment actions culminating
Janzen Legal Services, LLC
4550 SW Hall Blvd
Page 6 -COMPLAINT FOR DAMAGES
Beaverton, Oregon 97005
Office: 503-520-9900; Fax: 503-479-7999
 Case 6:22-cv-00219-AA Document 1 Filed 02/11/22 Page 7 of 8

in Plaintiffs unlawful termination. The unlawful discrimination against Plaintiffs religion by

Defendant as outlined above was a proximate cause of Plaintiffs wrongful termination.

23.

As a result of Defendanfs violation of O.R.S. 659A.030{1)(A), Plaintiff has been

damaged in an amount of no less than $100,000.00 in economic damages, or a different amount

to be determined at trial, and for non-economic damages in an amount to be detennined at trial

for suffering, emotional distress, anguish, and mental distress. Plaintiff also seeks punitive

damages. Plaintiff further seeks attorney's fees.

SECOND CLAIM FOR RELIEF

(Unlawful Discrimination in Contravention of Title VII of the Civil Rights Act-

42 U.S.C. §2000e et seq.)

Plaintiff realleges all paragraphs above and below as if fully set forth herein.

24.

Plaintiff is a member of a protected class on the basis of her devout and sincerely held religious

belief in the tenants of Christianity.

25.

Plaintiffs sincerely held religious beliefs conflicted with the Defendant’s COVID-19

vaccine mandate.

26.

When Plaintiff raised her well-founded and sincere religious objection to taking the

COVID-19 vaccine, the Defendant failed to make a good faith effort to accommodate Plaintiff s

religious beliefs. It would not have been an undue hardship to have allowed Plaintiff to continue

working with PPE,regular testing, and other measures to protect against the spread of COVID-

19, as was done for the nearly two years before the imposition of the COVID-19 vaccine

mandate.

Janzen Legal Services, LLC

4550 SW HallBlvd
Page 7 -COMPLAINT FOR DAMAGES
Beaverton, Oregon 97005
Office: 503-520-9900; Fax: 503-479-7999
 Case 6:22-cv-00219-AA Document 1 Filed 02/11/22 Page 8 of 8

27.

Instead of finding a reasonable accommodation or set of accommodations for her

religious beliefs, the Defendant engaged in a series of adverse employment actions culminating

in Plaintiffs unlawful termination. The unlawful discrimination against Plaintiff s religion by

Defendant as outlined above was a proximate cause of Plaintiff s wrongful termination.

28.

As a result of Defendant’s unlawful discrimination. Plaintiff has been damaged in an

amount to be determined at trial, but that exceeds $100,000.00, and for non-economic damages

in an amount to be determined at trial for suffering, emotional distress, anguish, and mental

distress. Plaintiff also seeks punitive damages. Plaintiff further seeks attorney’s fees.

PRAYER FOR RELIEF

WHEREFORE,Plaintiff demands judgment against Defendant and seeks the following

relief:

1. A judgment in favor of Plaintiff and against Defendant on both claims in an amount to be

determined at trial but exceeding $100,000.00.

2. Plaintiff seeks atrial by Jury on all claims to which Plaintiff is entitled to a jury trial.

3. Plaintiffs reasonable attorney fees, costs, and prevailing party fees.

4. Any other relief as the Court deems just and equitable.

DATED this 1 day of February 2022.

JANZEN LEGAL SERVICES, LLC

By /s/ Caroline Janzen

Caroline Janzen, OSB No. 176233
caroline@ruuucdlaw.com
Attorney for the Plaintiff

Janzen Legal Services, LLC

4550 SW Hall Blvd
Page 8 -COMPLAINT FOR DAMAGES Beaverton, Oregon 97005
Office: 503-520-9900; Fax: 503-479-7999
 Case 6:22-cv-00219-AA Document 1-1 Filed 02/11/22 Page 1 of 1
JS-14 (Kuv. 01/2I) CIVIL COVER SHEET
Tlic JS 44 civil cover shed unci the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. except as
provided by local rules of court. 'I’his form, approved by the Judicial Conference ofthe United States in September 1974. is required for the use ofthe Clerk ol Court lor the
purpose of initiating the civil docket sheet. (SUE INSnuirno^S ON NI-:xn‘A(U:OI- THIS I'OKM.j
1. (a) PLAINTIFFS DEFENDANTS

Jessica Berra PeaceHealth

(b) County of Residence of first Listed PlaintitT Lane County of Residence of l-irst Listed Defendant Lane
(laCFI'TIN ILS. PL-UNTIFF CASKS) f/;V U.S. l’I.AINTlFI-CASl-:SONI.Y)
NO'I E- IN LAND CONDLMNATiON CASt-S. USE THE LOCATION Of
THE TRACT Of LAND INVOl.VED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnown)
Caroline Janzen, OSB No. 176233
4550 SW Hall Blvd, Beaverton, OR 97005
(503^ 520-9900 □
II. BASIS OI‘ JURISDICTION (7'/oa’oil "X" m one Hox only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an ".V" in One Pax for Plainiilf
(For Diversiiy ('ases ()nly) and One Box for Defendant)
□l U.S. Govcmmoiu 03 federal Question nf DF.f RTf DKf
Plainlirr (US. Governinenl Nol a Parly) Citizen of Tliis State Ineoqwraicd or Principal Place
of Business In Tliis Stale

□2 U.S. Govemineiu Diversity Citizen of .Another State □3 □ 2 Incorporated and Principal Place □ 3 D5
Defendant (Indicate ('ilizensinp of Parlies in hem III) ofRusincss In Anotlicr State

Citizen or Subject ofa □ ●3 □ 3 foreign Nation □ 6 Dti

foreign Country

IV. NATURE OF SUITf/w an
CONTRACT
110 insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery ofOverpaymenl
& Enforcenieni of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
□ 153 Recovery ofOvcnmynicm
of Veteran's Benciits
□□ 160 Stockholders' Suits
190 Other Contract
"X" in One Box Only) Click here for: Naltiro ol'Suii Corle Description.s.
TORTS FORFEITURE/PENALTV BANKRUt»TCV OTHER STATUTES
PERSONAL INJURY PEUSONAI.IN.IDRY ^625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
310 Airplane n Personal Injury - of Property 21 USC 881 423 Withdrawal
28 USC 157
376 Qui Tam (31 USC
3729(a))
_ 315 Airplane Product Product Liability ^690 Other
Liability □ 367 IlcallhCare/ INTELLECTUAL 400 State Reapporiioaineni
320 Assault. Libel &. Phannacculical PROPERTY RIGHTS 410 Antilnisl
Slander Pcr.soiiiil Injury 820 Copyrights 430 Banks and Banking
330 federal ●mployer.s' Product Liability 450 Commerce
_ 830 I'aieni
Liability I I 368 .Asbesto.s Personal 460 Dc|)ortation
_ 335 Paieni - Abbrev iated
_ 340 Marine injury Product 470 Racketeer tniluenced and
New Dnig Application
Liability Corrupt Organizations
_ 345 Marine Product
Liability PERSONAL PROPERTY
n 370 Other fraud
UABOR
I 840 'frademark
I 880 Defend Trade Secrets □ 480 Consumer Credit
(15 USC 1681 or 1692)
_ 350 Motor Vehicle
355 Motor Vehicle 371 I'ruth in Lending
^710 ■'air Labor Standard s
Act
Act of20l6

SOCIAL SECURITY
□ 485 Telephone Consumer
Protection Act
Product Liability I I 380 Other i’ersonal ^720 Labor/Managemetu
195 Contract Product Liability ^ 360 Other Personal Property iJamage Relations 861 HlA(1395fr) 490 Cab!e/Sal TV
196 franchise Injury I I 385 Propeily Damage _ 740 Railway Labor Act 862 Black !.ung(923) 850 SecuritievCommodilies/
I 362 Personal injury - Product Liability _ 751 family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XV! 890 Other Statutory Actions
REAL PROPERT Y CIVIL RIGHTS PRISONER PET'i riONS I ~l790 Other Labor Litigation 865 l^SI (405(g)) 891 Agricultural Acts
210 Land Condemnation _J 440 Other Civil Rights Habeas Corpus: ^791 Employee Retireniem 893 Environmental Matters
I I 220 ITtreelosure 44! Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUIT.S 895 freedom of Infomiation
_ 230 Rem l.ease & Ejccimeni
_ 240 Tons to Land
X 442
^ 443
Employment
Housing/
_ 510 Motions to Vacate
Senlence
□ 870Taxes(U.S. PlainlilT
or Defendant)
Act
896 .Arbitration
_ 245 Tort Product Liability Accommodations 3 530 (ienoral □ 871 IRS—Third Paily 899 Adminisiriilive Procedure
290 All Ollier Rea! Property ~~| 445 .Anier. w/Disabililies - 3 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Rcview or Appeal of
Employment Ollier: 462 Naturalization .Appliealion Agency Decision
I 446 .Amer. w/Disabililies - 540 Mandamus & Ollier _ 465 Other Immigration I! 950 Consliiulionalily of
Other _ 550 Civil Riglus ●Actions Stale .Statutes
^ 448 Education 555 Prison Condition
_ 560 Civil Detainee-
Coiidilioiis of
Conlinement
V. ORIGIN (Place on ".V" in One Bus Only)
[3^ I Original
Proceeding
I |2 Removed from
Slate Court
□^ Remanded from
Appellate Court
I—14 Reinstated or
Reopened
|—| 5 I'ransferred from
-Another District
□ 6 Miiltidistrict
Litigation ●
□ 8 Muhidislrici
Litigation -
(specify) Transfer Direct file
Cite the U.S. Civil Statute under which you are fi ling (Da not die jiirisdictwnnlsuiiuics unless diversity):
42 USC 2000 et seq
VI. CAUSE OF ACTION
Brief description of cause;
Unlawful Employment Discrimination
VII. REQUESTED IN □ CHECK If 'I'HIS IS A CLAS.S ACTION DEMANDS CllljCK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23. f.R.Cv.P. 454,000 JURY DEMAND: [xjYes DNo
VIII. RELATED CASE(S)
IF ANY (See nisirucliniis):
JUDGE DOCKET NUMBER
DATE SIGN.ATURE Of A ITORNEY OF RECORD
2/11/2022 Isl Caroline Janzen
FOR OFFICE USE ONLY

RECElFf « A.MOUNT APPLYING ifP JUDGE .MAG. JUDGE