Nurse, PIH Health settle remaining claim in religious discrimination suit

WHITTIER – A former nurse has settled the one claim left in her lawsuit against PIH Health Whittier Hospital in which she alleged she suffered discrimination and was wrongfully terminated because of her religious objections to being tested for the coronavirus.

Lilia Acevedo-Cosio's Norwalk Superior Court lawsuit also alleged retaliation and failure to prevent discrimination and retaliation. In August, Judge Lee W. Tsao dismissed most of her claims and said that even assuming Acevedo-Cosio had shown a basic discrimination case, the hospital had demonstrated that its actions were legitimate and non-discriminatory.

The 44-year-old Whittier woman also was denied a court declaration that her engagement in protected activity involving religious freedom was a significant reason she suffered retaliation.

Tsao said Acevedo-Cosio could take to trial her claim for failure to inspect personnel and payroll records because the hospital did not provide the records she sought within the prescribed time limits, but the attorneys in the case told the judge during a hearing on Friday that the cause of action was resolved. No terms were divulged.

In their court papers, PIH attorneys said the hospital staff "worked tirelessly to accommodate Acevedo-Cosio's inexcusable refusal to simply test for COVID during the height of the pandemic," forcing the hospital to accept her resignation.

But in a sworn declaration, the plaintiff said otherwise.

"My religious beliefs led me to oppose this sort of invasive testing, so I asked for a religious accommodation from the testing and included an attestation from my religious leader...," Acevedo-Cosio said.

Acevedo-Cosio said she was actually terminated on Nov. 15, 2021, and did not quit.