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Jacqueline Colson v. Hennepin County, Minnesota

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 25-1095 · judgment March 11, 2026


2%
estimated cert probability
(petition-stage, structural)
GVR risk 0%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

An employer granted an employee an exemption from the COVID vaccine because of her sincerely held religious beliefs but denied the same employee an exemption from weekly testing based on the same expressed beliefs. Failure to comply with the employer’s testing mandate could result in discipline, including termination. The question presented is: Whether an employer's threat of discipline or termination for failing to do weekly testing for COVID, and forcing an employee to choose between following her religious beliefs or losing her job, is considered an adverse employment action sufficient to state a claim under Title VII’s failure to accommodate provisions.

Counsel of record

For petitioner
Gregory Martin Erickson
Morhman, Kaardal & Erickson, P.A.

For respondent
Christiana M. Martenson
Hennepin County Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 08 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 18 2026
    Waiver of right of respondent Hennepin County to respond filed.
  3. Jun 09 2026
    Petition for a writ of certiorari filed. (Response due July 13, 2026)