Former Beau Rivage manager sues over being fired for refusing COVID vaccine

A former employee of the Beau Rivage Resort & Casino claims he was discriminated against over his religious beliefs when the company fired him for refusing the COVID-19 vaccination.

Jackson County resident Justin Hathorn says in a lawsuit filed in U.S. District Court in Gulfport that the Beau Rivage violated his civil rights when he was terminated in October 2021 for refusing the vaccine. Hathorn seeks an unspecified amount in back wages and future earnings, compensatory and punitive damages, attorney’s fees, lost benefits, and costs and expenses.

In addition to financial losses, Hathorn said he suffered “deep humiliation, anxiety and emotional distress.”

Hathorn said he would not get vaccinated because fetal cell lines were used to develop them, according to a letter Beau Rivage sent him September 23, 2021. At the time, more than 14,000 to 15,000 Americans were dying each week from COVID-19, according to the Centers for Disease Control.

In its response to the lawsuit, the Beau Rivage has denied any wrongdoing. The resort maintains that continuing to employ an unvaccinated Hathorn would have created “an undue hardship” for the company — a legally recognized reason to deny his request. Further, the resort’s response says, the Beau Rivage followed all legal and federal guidance in reaching its decision.

Casino denies vaccine exemption

The lawsuit says Hathorn started work at the Beau Rivage in July 2008 as a valet attendant and rose 10 years later to the position of senior manager of front services. The job required him to manage guest services provided by the front-services team, plus parking, valet, and transportation, according to the Beau Rivage’s September 2021 letter, which is quoted in Hathorn’s lawsuit.

The Beau Rivage informed employees in August 2021 that they would need COVID-19 vaccinations. As a Christian, Hathorn’s lawsuit says, he subsequently asked for a religious exemption.

The Beau Rivage agrees the resort sent him a packet of information to fill out regarding his request.

Ultimately, the casino decided against the exemption, saying in the letter that it would not be feasible for him to work remotely, or to wear a mask and maintain social distancing for all the many interactions he would need to have with others. COVID testing also was ruled out because of the gaps in protection between tests.

The Beau Rivage letter denying Hathorn’s request went on to say, “. . . we have concluded that your continued presence on property, unvaccinated, risks the health and safety of guests, coworkers and yourself.”

COVID mandate exempts hourly workers, lawsuit says

While the vaccine mandate applied to salaried employees, his lawsuit says, hourly workers were not required to get vaccinated. During the pandemic, employees were required to wear masks, the lawsuit says, and submit to weekly COVID tests. Hathorn said he was willing to be regularly tested at his own expense.

Beau Rivage admits in its response that “some union member employees were not vaccinated.”

Fetal cell lines from the cells of fetuses aborted generations ago were used in the testing of the main COVID vaccines manufactured by Moderna and Pfizer, but no fetal cell lines are present in the vaccines, according to scientific articles and multiple public health websites.

After he lost his job, Hathorn filed a complaint with the Equal Employment Opportunity Commission. The EEOC determined that Hathorn had a right to sue his former employers. The Beau Rivage’s vaccine mandate applied to salaried, non-remote employees, the EEOC concluded, saying the resort could have accommodated Hathorn’s religious belief without undue hardship.

The Beau Rivage denies the EEOC’s letter “was either factually or legally correct.”