ORNL couple seek ask appeals court to reverse COVID-19 ruling by district judge

Attorneys for a married couple employed at the Department of Energy’s Oak Ridge National Laboratory last week asked a federal appeals court to overturn a trial court’s unfavorable ruling in their lawsuit over COVID-19 vaccinations.

A brief U.S. Court of Appeals for the Sixth Circuit was filed on behalf of Jeffrey Bilyeu and Jessica Bilyeu Oct. 15 seeking to undo earlier rulings against them by U.S. District Judge Charles E. Atchley in Eastern Tennessee. The couple sued UT-Battelle, the joint venture between Battelle and the University of Tennessee that operates the lab for DOE.

Attorneys for the Bilyeus argue the couple suffered at least “some harm” by refusing to get vaccinated against the illness. The latest Bilyeu legal brief also claims the couple suffered some degree of financial or employment discrimination dressed up as an “accommodation” by the contractor.

The Sixth Circuit has had the case for several months now. Jessica Bilyeu has settled a retaliation claim against UT-Battelle in the District Court.

UT-Battelle attorneys say there is no need for oral argument in the case.

“The district court correctly granted summary judgment against plaintiffs on all counts presented for appeal,” the Oak Ridge attorneys said in August filings. “The parties’ briefs in this court are sufficient to make clear that the issues are straightforward, and the district court’s rulings should be upheld.” 

Both Bilyeus were never vaccinated yet remained employed, the contractor attorneys said. Plaintiff Jeffrey Bilyeu took a one month leave, most of which was covered by vacation pay, the contractor said.