Tipsheet

Health Care Provider Roasted by Appeals Court Over Firing Remote Worker Over COVID Vaccine Mandate


It’s a story that has been overlooked, but it highlights a period when some companies acted irrationally over the COVID vaccine: you had to get the shot or face being fired. Remote workers and truck drivers who work alone were forced to get the jab or lose their livelihoods. That’s the story of Mimi Weiss, a longtime employee of Kaiser Permanente, who won a major victory after her termination from the company for refusing to get the vaccine: a federal court ruled in her favor on July 24. 

Weiss was a remote worker who sought a religious exemption. It was initially accepted, then rejected, and later she was subjected to an intrusive and illegal investigation into her faith (via Becket Fund):

In Weiss v. The Permanente Medical Group, Weiss, a fully remote worker, initially received approval for her exemption, but Kaiser later revoked it after subjecting her to intrusive questioning about her faith and medical history. Kaiser then fired her after over two decades of service, and Weiss filed a federal lawsuit against the healthcare giant. 

Becket argued the case on behalf of Weiss in 2025. In its unanimous opinion today, the court rejected Kaiser’s claim that Weiss had not adequately explained her religious objection. Judge Danielle Forrest warned that demanding more explanation than the law requires “would permit an employer to delve into the religious practices of an employee in order to determine whether religion mandates the employee’s adherence.” The court also issued a 2-1 memorandum disposition ruling for Weiss on her state law privacy claims.

“I never imagined my faith would end up costing me my job,” said Mimi Weiss, former Senior Consultant and Department Manager at Kaiser Permanente. “I wasn’t asking Kaiser for special treatment, just the freedom to live according to my conscience. After 20 years of service, I didn’t think that was too much to ask. I’m grateful the court recognized that religious employees should not have to give up their beliefs or their privacy to keep their jobs.”

For over 20 years, Mimi Weiss devoted her career to serving others at Kaiser Permanente, helping people lead healthier lives and earning a reputation as a dedicated employee. During the pandemic, Weiss struggled with loneliness and depression but found solace in her Christian faith. In 2021, she recommitted herself to her Jewish roots and embraced Jesus as her Messiah. Around that time, Kaiser began requiring all employees to receive the COVID-19 vaccine. Weiss, who worked remotely, promptly requested a religious exemption, telling Kaiser that her religious beliefs would not allow her to receive the vaccine. She explained her beliefs by citing to Bible passages like Deuteronomy 14:1 and 1 Corinthians 6:19.

Kaiser initially granted Weiss a religious exemption. But within weeks, it sent her a new set of questions asking if she had “ever taken medications of any kind,” when she last took such medicine, and why her religious beliefs prevented her from receiving the COVID-19 vaccine but not from taking other medications. Weiss restated her religious beliefs, but she objected to questions about her medical history as a violation of her privacy. Shortly after, Kaiser revoked her exemption and placed her on administrative leave without pay. Despite Weiss’s multiple efforts to contact Kaiser officials and explain her religious beliefs, the healthcare giant refused to respond or allow her to appeal the decision. Kaiser then fired Weiss, and claimed that Weiss hadn’t given Kaiser “notice” that she needed a religious exemption. The unanimous Ninth Circuit ruled that she had.

It was a good win for religious liberty.