Vaccine requirements have long been a part of the medical profession, but along with requirements come exemptions. For professionals who have religious reasons for skipping vaccines, though, exemptions can be tricky. A nurse in New Jersey is learning just how unreliable those exemptions can be.
If you're a nurse whose religious exemptions have been compromised, the Lento Law Firm Professional License Defense Team can help. Contact us at 888-535-3686 or complete our confidential online form, and we'll be in touch.
Vaccine Religious Exemptions in New Jersey
As flu season kicked into gear, one New Jersey nurse recently filed a lawsuit against her employer. The woman is a behavioral health nurse at Saint Clare's Hospital in Denville, where she claims religious exemptions have been eliminated from the hospital's flu vaccine mandates.
The lawsuit alleges that the hospital summarily stopped accepting religious exemptions in September. That left employees with two choices: get the seasonal flu vaccine or face termination. The nurse asserts that this is a violation of her rights.
In the lawsuit, the nurse claims that by revoking her religious exemption, St. Clare's violated the state's anti-discrimination laws as well as the state constitution. She was able to use her religious exemption during the 2023 flu season, but this year, the hospital turned down that same exemption.
Religious Exemptions by State
New Jersey law requires medical professionals to get a seasonal flu vaccine, and in that law, only medical exemptions are mentioned. But if you're a nurse facing a vaccine mandate, the first place to look is your own state's laws.
First, check out whether your state has vaccine mandates for medical workers in the first place. Many states don't have such mandates, and if they do, they allow religious exemptions. Even if your state requires it without religious exemptions, though, it's important to take a look at your federal protections.
Title VII and Vaccine Mandates
Title VII of the Civil Rights Act of 1964 prohibits employer discrimination on the basis of religious beliefs. In order to get around it, employers are required to show that the lack of vaccination would cause “undue hardship” for the employer.
In the New Jersey case, the hospital asserts that it “places the utmost importance on staff and patient safety.” In a courtroom, the burden of proof is on the hospital to show that a nurse's lack of vaccination creates an undue hardship. In this case, that undue hardship will likely be related to the risk it poses to the hospital's patient population.
Nursing Licenses and Religious Exemptions
Nursing professionals currently deal with a slew of challenges, from vaccine mandates to abortion laws. All of this can put your job and even your nursing license at risk. But your rights under Title VII are notable. You'll need to fully understand both federal and local laws to protect the career you've worked so hard to build.
If your license is at risk due to a religious objection to vaccines, the Lento Law Firm Professional License Defense Team can help. We have experience helping nurses navigate the tricky landscape of religious exemptions. Contact us at 888-535-3686 or fill out our online form.
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