Practice Management Alert

Question: If an employee refuses to get a flu shot for religious reasons, can our office terminate her employment?

Texas Subscriber

Answer: You should check directly with an attorney who specializes in employment law in your town or city, and knows state and federal regulations as well. There is, however, precedent to suggest that it is very risky to terminate an employee who claims religious exemption.

In July 2019, a Missouri hospital reached a settlement with a prospective employee who said her religious beliefs prevented her from receiving an influenza vaccination or spray. The hospital had a policy that vaccination was a requirement for employment — but also that those who could not be vaccinated for medical reasons had the option to wear a mask. The U.S. Equal Employment Opportunity Commission sued the hospital, saying that rescinding the job offer violated federal law, specifically, Title II of the Civil Rights Act.

The hospital should not have been able to judge the prospective employee’s reasoning — only that the person sincerely held the religious beliefs that prohibited the vaccination. Additionally, prospective employer cannot let religious accommodation affect hiring decisions unless it can demonstrate “undue hardship,” said Y. Jed Charner, an associate at Jackson Lewis P.C. in Baltimore, in a healthcare law blog post.

Plus, an employer cannot treat a religious accommodation differently than an accommodation that is provided for a nonreligious purpose, Charner says.

The eventual litigious nature of this situation may have been exacerbated by the national conversation surrounding vaccinations, but go over your policies to make sure that your practice has equal accommodations for situations religious and nonreligious.