The non-profit legal aid organization “Pacific Justice Institute” (PJI) in California has announced the dismissal of the lawsuit “Miller v. State of Oregon Department of Corrections,” a case involving a former state corrections officer who was fired for refusing to receive the COVID vaccine. The plaintiff received a settlement of $135,000 in mid-January.
After more than two years of legal proceedings scheduled for late February, the case was withdrawn following Michael Miller’s acceptance of the settlement and withdrawal of the lawsuit, rendering a trial unnecessary.
Miller, a Christian, had worked at the Snake River Correctional Institution in Oregon as a corrections officer for nine years. He patrolled the perimeter of the institution alone in his car, searching for escapees, with minimal contact with colleagues or inmates, and brief interactions when contact was necessary.
In August 2021, then-Oregon Governor Kate Brown issued an executive order requiring state employees to receive the COVID vaccine. The Department of Corrections was allowed to grant exemptions based on religious or medical reasons, with a deadline for applications set for October 18 of the same year.
Having contracted the COVID virus in November 2020 and developed natural immunity, Miller, who opposed vaccination on religious grounds like many other Christians, initially applied for a medical exemption, which was granted. However, after the October 18 deadline, his medical exemption was revoked by the Department of Corrections, prompting him to reapply for a religious exemption in November, which was denied for being past the deadline.
In December 2021, the Department of Corrections placed Miller on unpaid leave, and in February 2022, after a hearing, he was terminated.
Following Miller’s dismissal, the Department of Corrections announced the expiration of the vaccine mandate on April 1. PJI lawyers argued that the decision to terminate Miller, knowing the mandate would soon be lifted, constituted discrimination. The Oregon Bureau of Labor and Industries investigated allegations of employment discrimination and concluded that the Department of Corrections could have easily accommodated Miller’s late religious exemption request, branding his termination as discriminatory.
In December 2023, PJI filed a lawsuit in the Oregon Federal District Court under Title VII of the Civil Rights Act, which prohibits employers from discriminating based on religious beliefs. Despite facing multiple dismissal requests from the Department of Corrections, PJI’s Oregon-based attorney Ray D. Hacke asserted that employers, even during a pandemic, must accommodate employees’ reasonable religious beliefs. He emphasized the need for employers to prioritize employees’ religious freedoms over seemingly neutral policies and deadlines.
“Dacus founded the Pacific Justice Institute in 1997 to provide free legal representation and defense services for clients seeking to protect religious freedom and parental rights in the education and public policy fields. The organization primarily relies on private donations for funding.”
Dacus stressed that “the protection of religious freedom under the law and the constitution remains intact even during a pandemic.” He emphasized that all employers, especially government institutions, must be held accountable for unnecessarily trampling on religious freedoms in the name of public safety. While expressing confidence in winning the trial, Dacus appreciated the opportunity to bring justice to Miller without litigation.
Since its establishment, PJI has been actively involved in the California legislative process by submitting amicus briefs and testifying in state and federal legislative bodies. In 2008, it supported California Proposition 8, which aimed to define marriage as between a man and a woman, but the decision was overturned in the 2013 case of Hollingsworth v. Perry.
In 2012, the Institute opposed the individual mandate in the Affordable Care Act and attempted to block California’s SB1172 (sexual orientation change therapy) without success. SB1172 prohibited mental health service providers from engaging in sexual orientation change efforts with minors under 18, but permitted psychological counseling and therapy for minors over 12. In 2013, the Institute opposed the “School Success and Opportunity Act,” which was enacted, allowing transgender students to use restrooms and participate in sports teams and competitions aligned with their gender identity.
Ultimately, the Pacific Justice Institute upholds a commitment to defending religious freedom and constitutional rights, advocating for legal protections to safeguard individuals’ fundamental freedoms.