Constitutionality of mandating flu shots
Many hospitals allow nurses to stay employed while choosing to refuse the mandatory flu vaccine if they wear a mask at work during the entire flu season.
Photo from Nurses Against Mandatory Vaccines Facebook Page.
To verify the sincerity of her religious objection to vaccination, Williams was prepared to provide Luedtke with a “To Whom it May Concern” letter that she had previously written that explained the Bible-grounded basis for her religious objection and cited specific Biblical passages in support.
Williams was also prepared to have close family members and friends personally attest to the sincerity of her religious faith and practices.
[S]ince Williams filed her charge, the Center changed its policy and no longer requires a letter from a clergy leader to obtain a religious exemption to the flu vaccination requirement. Equal Employment Opportunity Commission (EEOC) has made several statements about health-care facilities mandating flu shots, citing Title VII of the Civil Rights Act, as this DOJ lawsuit against Ozaukee County likewise references. 2009) (finding plaintiff’s “belief in the power of dreams” that the plaintiff regarded as “a moral and ethical belief” stemming from the “traditional religious convictions of his African origin” to be a religion for purposes of Title VII); cf. As we have repeatedly reported here at , the CDC themselves acknowledge that the annual flu shot is only partially successful in predicting which viruses need to be protected against each season, and published studies show that vaccinated healthcare workers provide no protection for patients anyway. Saint Vincent Health Center to Pay 0,000 to Settle EEOC Religious Accommodation Lawsuit, U. Equal Employment Opportunity Comm’n, Press Release (Dec. Leaving a lucrative career as a nephrologist (kidney doctor), Dr.
I am not sure what case law they are referring to, but the issue of denying nurses and other health-care workers religious exemptions for mandated flu shots as a condition for employment has been an issue making its way through the courts for the past few years, and Ozaukee County may find that existing case law is actually on their side. The EEOC makes it clear that although mandatory flu vaccine policies are not per se unlawful, the key to legal compliance is accommodation. 23, 2016), available at https://www1gov//eeoc/newsroom/release/12-23-16.cfm? Suzanne Humphries is now free to actually help cure people.
The lawsuit was ultimately settled by the parties, resulting in 0,000 in back pay and compensatory damages and offers of reinstatement being awarded to the individuals. filed April 28, 2016)] In addition to the EEOC obtaining ,000 for the employees in the settlement, the court entered a consent judgment that required the hospital to change its vaccination policy among other things. In between these two extreme views, however, is where the vast majority of doctors practicing today would probably categorize their position.
From the lawsuit: At their meeting, Luedtke did not allow Williams to provide any alternative to the letter from the clergy member as verification of the sincerity of her religious objection to being vaccinated.
The EEOC has also taken up the issue and has several lawsuits challenging mandatory flu vaccination policies at various health care institutions. 2016) (recognizing “Onionhead” as a religion under Title VII); Toronka v. One of the biggest myths being propagated in the compliant mainstream media today is that doctors are either pro-vaccine or anti-vaccine, and that the anti-vaccine doctors are all “quacks.” However, nothing could be further from the truth in the vaccine debate.
In 2016, for example, it alleged religious discrimination and filed EEOC v. Doctors are not unified at all on their positions regarding “the science” of vaccines, nor are they unified in the position of removing informed consent to a medical procedure like vaccines.
Mission Hospital Inc., that it had filed in North Carolina federal court against a hospital that fired three employees for not getting the required flu shot. According to Law360: Although some may view religious exemptions as being reserved for traditionally religious belief systems, courts have recognized a more expansive view of what constitutes a “religion” for purposes of Title VII. Many doctors recommend a “delayed” vaccine schedule for some patients, and not always the recommended one-size-fits-all CDC childhood schedule.
In that case, the EEOC had alleged that the hospital’s policy, which required employees be vaccinated annually by a date certain unless a religious exemption request was filed by Sept. For example, things such as “Onionhead” and Alcoholics Anonymous have been recognized as religions under Title VII and other laws, and as such could serve as bases upon which an employee could claim a religious exemption to a mandatory flu shot policy. Other doctors choose to recommend vaccines based on the actual science and merit of each vaccine, recommending some, while determining that others are not worth the risk for children, such as the suspect seasonal flu shot.