A former nurse at PIH Health Whittier Hospital is responding to the hospital’s motion to dismiss her case, defending her stand against COVID-19 testing and denying the hospital’s claim that she resigned. Lilia Acevedo-Cosio, a 44-year-old woman from Whittier, filed a lawsuit in Norwalk Superior Court alleging wrongful termination, retaliation, discrimination, and failure to prevent discrimination and retaliation. She is seeking compensatory and punitive damages as well as an injunction against future discrimination at PIH.
The hospital’s attorneys filed a motion to dismiss the suit, denying claims of discrimination and stating that they made efforts to accommodate Acevedo-Cosio’s refusal to be tested for COVID-19 during the pandemic. They claim that she resigned from her position.
However, in a sworn declaration submitted by Acevedo-Cosio’s attorney, she states otherwise. She explains that her religious beliefs led her to oppose invasive testing and she requested a religious accommodation for the testing. She also mentions that she only received a coronavirus test when traveling in the years 2021 or 2022.
Acevedo-Cosio reflects on the distress, discomfort, and guilt she felt after taking the test hastily and without sufficient consideration. This experience led her to prayerfully consider her religious stance on testing and mandatory vaccination. She claims that the vaccine mandate at PIH created a toxic environment, causing her frequent heart palpitations and anxiety attacks, which led her to take a leave of absence for her mental and physical health.
Acevedo-Cosio states that she was granted a religious exemption for vaccination in August 2021 but was still required to undergo regular testing, unlike vaccinated workers who only had to test if they showed symptoms. She asserts that she was terminated on November 15, 2021, and did not resign. She recalls a heated exchange with PIH directors two months prior, which led her to request security to safely escort her out of the building and ensure there was a record of her departure.
Acevedo-Cosio emphasizes her stellar employment record since joining the hospital in 2004, with overflowing praise in her annual reviews and no disciplinary entries in her file. However, the hospital’s lawyers claim that PIH offered her the opportunity to work remotely, which would not have required testing, but she declined.
A hearing on the hospital’s motion to dismiss the case is scheduled for August 24th before Judge Lee W. Tsao.
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