Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Appeals Court Rules on Employer’s Ability to Require Flu Shot

Author: Scarinci Hollenbeck, LLC

Date: June 16, 2014

Key Contacts

Back

After suffering through one of the worst flu seasons in several years, New Jersey employers understandably want to take every step possible to keep their workers healthy. However, to avoid legal risks, businesses should generally encourage vaccination rather than require it.

Courts have traditionally held that if employees’ religious beliefs prevent them from taking vaccines and other medications, they cannot be terminated for refusing the flu shot. In a recent decision, a New Jersey appeals court ruled that an employer’s failure to also accept secular, non-religious reasons for refusing vaccination ran afoul of the First Amendment.

The Facts of the Case

The plaintiff, June G. Valent, worked as a registered nurse at Hackettstown Community Hospital (HCH). In September 2010, Adventist Health Care, Inc., the corporate owners of HCH, issued a policy in its “Corporate Policy Manual” titled “Health Care Worker Flu Prevention Plan.” It required employees to be vaccinated “unless there [was] a documented medical or religious exemption.”

Valent refused to be vaccinated for the flu. In communicating her refusal, Valent did not seek an exemption based on medical or religious reasons. She did agree, however, to wear a mask during flu season, as specifically authorized by the employer’s flu policy. Nonetheless, HCH terminated her employment.

After she was denied unemployment compensation benefits on the basis of work misconduct, Valent appealed. The Department of Labor’s Board of Review upheld the decision after concluding that “the employer’s policy requiring employees to be vaccinated was not unreasonable.”

The Court’s Decision

The Appellate Division of the New Jersey Superior Court disagreed. It concluded that the employer did not prove Valent committed misconduct by refusing to submit to the flu vaccination policy for purely secular reasons. It further held that the hospital violated the First Amendment by “discriminat[ing] against an employee’s right to refuse to be vaccinated based only on secular reasons.”

“The Board’s decision upholding appellant’s termination unconstitutionally discriminated against her freedom of expression by improperly endorsing the employer’s religion-based exemption to the flu vaccination policy and rejecting the secular choice proffered by appellant,” the appeals court explained.

The upshot: employees can now refuse to abide by what otherwise appears to be a logical and appropriate employment directive and requirement for any reason!  While there is consistent logic to the court’s opinion, where can a reasonable line be drawn? Is it reasonable for an employee to expose patients with possibly compromised immune systems to the perils of flu just because the employee doesn’t believe in having a flu shot (whatever the reason may be)?  What do you think: is Justice truly blind (or even worse)?

The case is Valent v. Board of Review.

If you have any questions about this case or would like to discuss your company’s vaccination policies, please contact me or the Scarinci Hollenbeck Labor and Employment attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!