Adverse employment action requires more than an unpopular policy. In the case of Goecke v. 3M Company, Richard Goecke, a well-regarded, long term employee of 3M Company objected to a COVID vaccine mandate implemented by 3M in response to a presidential executive order requiring federal contractors to be vaccinated.  Goecke sought a religious exemption, and stated he would rather retire than be subjected to an  unsafe vaccine. Prior to a decision on his exemption request, Goecke confirmed his intent to retire as of December 1, 2021.  Goecke turned in his computer on November 16, 2021, and used vacation until his retirement on December 1. On November 30, 2021, his exemption request was denied. On December 13, 2021, 3M withdrew the employee vaccination mandate.

Goecke sued 3M for religious discrimination. 3M sought to dismiss the case, claiming Goecke did not suffer an adverse employment action because he voluntarily retired prior to the effective date of the mandate; and his exemption request, which was denied, failed to identify a genuine religious objection.

The US District Court for Minnesota found that Goecke had not shown he suffered an adverse employment action, such as a termination or  facing unfair working conditions because he voluntarily retired before the vaccine mandate was in effect. The court noted Goecke had announced and taken steps to effectuate his retirement prior to the vaccination deadline.

Further, in response to Goecke’s constructive discharge claim that his retirement was forced due to intolerable working conditions, the court found the vaccine mandate had not created conditions that were so unbearable that a reasonable person would feel forced to leave employment. The court pointed out this was particularly true in Goecke’s case since the vaccine mandate was revoked before any action could be taken against him. In addition, Goecke had not provided 3M a reasonable opportunity to correct the objectionable condition (vaccine mandate) before he quit.

This case illustrates the difference between an objection to employment practices and practices which harm employment status. If you or your organization need assistance complying with state or federal laws, especially in light of new executive orders that might impact your organization, contact Wiley Reber Law for legal advice that works.