Former Distress Centre Calgary (DCC) employee Roxanne Cote is suing the organization for the distress it allegedly caused her after denying her a religious accommodation from the COVID-19 vaccines. .The DCC, a non-profit established in 1970, provides crisis support and counseling in Calgary. The organization receives funding from Alberta Health Services (AHS), which lifted its mandatory vaccination policy for all staff and new hires on July 18. .Cote started working with the DCC in 2008 on a three-year contract. After a successful term, she was put on the payroll full time as a Resource Development Manager, a newly created position made specifically for her. ."It was my dream job," she told the Western Standard. "I felt like I was part of a family."."Ms. Cote proved herself to be valuable and reliable. Her skills, relationships and perseverance lead to the Distress Centre’s fund development goal growing from $70,000 in 2008 to $825,000 in 2021," said the statement of claim, adding, Cote was responsible for raising the largest annual donations for the DCC in 2021..Shortly after the COVID-19 pandemic was declared in March 2020, Cote and all other DCC staff were directed to work from home. She did so almost exclusively for a year and a half until December 2021..In early October 2021, Cote said she was contacted by DCC CEO Robyn Romano to discuss the organization's COVID-19 vaccination policy as she had heard from other staff that Cote was opposed to the vaccines..Cote said she explained her opposition to the vaccines and felt if the organization introduced a mandatory policy, it "would run counter to the [DCC's] values of respect, inclusivity and compassion, and be non-inclusive for her, as someone who holds religious beliefs about the COVID vaccines," said the claim. .The stress through the fall "deeply affected Ms. Cote's mental, emotional, psychological and physical health," said the claim, as she anticipated the loss of the job she loved and depended on as a result of her religious beliefs against the vaccines.."She felt alone, had no voice, and unable to communicate her fears and anxieties to her coworkers or her superiors. She felt like the trust and collegial relationships she had enjoyed for over a decade had been highly eroded.".After a consult with her medical doctor, Cote was put on stress leave from October 6 to November 5, 2021. At this time, the majority of DCC staff and volunteers continued to work remotely with few exceptions. .On October 7, an email sent by Romano to all DCC staff included a survey asking for the disclosure of each staff member's COVID-19 vaccination status and input on a company-wide vaccine policy. .At the end of October, Cote said the results of the survey were released and stated 82% of employees favoured implementing "vaccine measures." The survey also revealed 93% of all participants had received at least one dose of the COVID-19 vaccines..The DCC introduced it's COVID-19 vaccine policy on October 25, but said it was only mandatory for staff who were required to work in office or those required to attend community meetings and events on behalf of the DCC. .Cote said since she had been remotely performing her duties successfully throughout the pandemic, she felt she could continue to do so from home and avoid having to choose between getting vaccinated and her job. .According to the DCC policy, "exemptions based on grounds protected by the Alberta Human Rights Act… will be considered on a case by case basis." It also stated the "Distress Centre Calgary will provide reasonable accommodations to an employee… who requires an exemption based on a protected ground under the Act up to the point of undue hardship.".Based on her religious beliefs, Cote submitted a request for accommodation on November 5, which was reviewed by a third party engaged by the DCC..Unsure what to include in such a request — as she said she had never done one before — Cote said she explained some of her Christian beliefs and how those beliefs conflict with her receiving the COVID-19 vaccines. She also provided letters from a pastor and another Christian organization. .Cote said while waiting to hear back, she struggled daily to continue working for the DCC as she felt "like an outcast" and isolated. .On December 3, she was notified her request was denied. No reasons for the denial were included. .On December 8, Cote received an email from Romano stating she was "non-compliant" with the company policy and the DCC would be putting her on paid leave from December 16 to 31, then unpaid leave from January 1 to March 2. Romano said she would then be terminated with cause on March 3. .On January 25, Cote submitted an appeal for her denied accommodation and included further evidence and explanation of her beliefs. She was informed on February 8 her appeal was again denied. ."While we appreciate each individual has the opportunity to make their own decisions it does not alter the facts," read the appeal response.."Christianity as a religion does not preclude vaccination and it is evident this is a personal decision; therefore the exemption is not approved.".Cote was terminated from her job on March 3, allegedly for just cause, for not providing the required proof of vaccination the DCC required. .Civil liberties lawyer James Kitchen, who represents Cote, said the DCC "failed to adhere to its duty at law to reasonably accommodate" his client by allowing her to continue to work remotely. He also called the DCC's refusal to accept Cote's request for accommodation based on her religious beliefs "discriminatory behaviour." .Kitchen said due to Cote having an excellent employment record with the DCC, and based on her time with the company, it is his opinion she is due "a common law notice period of twenty-four (24) months."."The Distress Centre’s refusal to accommodate, lack of reasons for said refusal, and allegation that Ms. Cote’s adherence to her religious beliefs even at the expense of losing her job was merely a 'personal decision' all caused Ms. Cote intense anguish and she experienced an acute loss of her sense of dignity, confidence, and self worth," said Kitchen in the claim. .Cote is seeking damages including pay in lieu of notice for 24 months, the lost wages after being put on leave without pay for two months, and an additional compensatory amount of $50,000 for the mental, emotional and physical distress she experienced..She is also seeking the DCC cover all her court and legal fees and lost benefits..Cote was encouraged to hear AHS had lifted its mandatory vaccination policy for all current staff and contract workers in mid-March and said, even thought she had already been terminated by the DCC, she was hopeful she might hear from someone offering her the opportunity to return to her position..She heard from no one. .In June, Cote connected with Kitchen and filed a statement of claim against the DCC. .Kitchen told the Western Standard he and Cote are waiting for the DCC to come back with its statement of defence. He said he takes issue with many of the cases being heard by the courts and suggested they have not been the "neutral arbitrators" they are supposed to be in these cases and have looked to the messaging from public health as "gospel." .He said he has an expert witness putting together a report for the case and will be ready to head to trial if the DCC doesn't "come to the table with a reasonable offer of a settlement." .The Western Standard contacted the DCC who indicated it would not provide comment "as the matter is in ongoing litigation and the claims have not been proven," said DCC Communications Manager Lindsay Douglas. .The DCC, although funded by AHS, said it has yet to lift its vaccine requirement, even though AHS has done so. When asked if the DCC had extended accommodations to any other emloyees, Douglas said because of the "often sensitive nature of accommodation requests, we will not comment on the accommodation status of any employees." .The Western Standard also contacted AHS for comment as to why an organization under AHS funding would not be required to follow AHS directives including the lifting of COVID-19 vaccination as a requirement for employment and was provided this statement:."AHS rescinded its Immunization of Workers for COVID-19 Policy, effective July 18, 2022, which means it no longer applies to contracted service providers."."Contracted service providers are responsible for the oversight of their staff and can determine if they will implement or maintain their own immunization policies moving forward.".In a recent UCP leadership debate hosted by the Western Standard, all three candidates that participated indicated they would protect all Albertans from future COVID-19 vaccine mandates. .READ MORE: UCP leadership frontrunners vow to protect Albertans from future lockdowns and vaccine mandates.Travis Toews said if he were running the province, he'd use "all the pressure of the premier's pulpit" to ensure all industry falls in line with the government's position on the vaccines. .Danielle Smith said it was "irresponsible" for AHS-run and funded facilities to still be requiring the vaccines as a requirement for employment and said she is exploring options to protect those in private and federally-funded positions. Smith said under her leadership, organizations that continue to mandate the vaccines "will not be protected." .Brian Jean said, as for private businesses, he would "let the market take care of itself"and in doing so, he believes they will "find out very quickly that they're not going to be in business very long if they continue to do that."
