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
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public post image

Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public

Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]

Author: Bryce S. Robins

Link to post with title - "Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public"
Understanding Chattel Paper: A Key Component in Secured Transactions post image

Understanding Chattel Paper: A Key Component in Secured Transactions

Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]

Author: Dan Brecher

Link to post with title - "Understanding Chattel Paper: A Key Component in Secured Transactions"
Crypto Compliance: A Comprehensive Guide post image

Crypto Compliance: A Comprehensive Guide

For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Compliance: A Comprehensive Guide"
Supreme Court and Title VII: Implications for Reverse Discrimination post image

Supreme Court and Title VII: Implications for Reverse Discrimination

Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]

Author: Matthew F. Mimnaugh

Link to post with title - "Supreme Court and Title VII: Implications for Reverse Discrimination"

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.

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