A Federal court has dismissed an action brought by 117 employees against Houston Methodist hospital’s policy requiring employees to be vaccinated against COVID-19 by June 7, 2021, or be terminated.
In reaching its conclusion, the court addressed the issues of wrongful termination and public policy. Focusing on the wrongful termination claim, the court relied upon the Supreme Court holding that involuntary quarantine for contagious diseases and state-imposed mandatory vaccination requirements do not violate due process.
“On May 28, 2021, the Equal Employment Opportunity Commission said that employers can require employees be vaccinated against COVID-19 subject to reasonable accommodations for employees with disabilities or sincerely held religious beliefs that preclude vaccination. This is not binding, but it is advice about the position when is likely to meet at the Commission.”
As to public policy arguments, the court held that mandating vaccination is not coercion. “Methodist is trying to do their business of saving lives without giving them the COVID-19 virus. It is a choice made to keep staff, patients, and their families safer. Bridges can freely choose to accept or refuse a COVID-19 vaccine; however, if she refuses, she will simply need to work somewhere else.”
“If a worker refuses an assignment, changed office, earlier start time, or other directive, he may be properly fired. Every employment includes limits on the worker's behavior in exchange for his remuneration. That is all part of the bargain.”
Bridges v. Houston Methodist Hospital, et al., US DCT SD Texas, Civil Action H-21-1774. June 12. 2021.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Blog: Workers ' Compensation
Twitter: jongelman
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" Thomson-Reuters
