California court sides with medical center's stance in dismissing employee
An employer is not bound to accept its employee’s subjective belief that they are disabled and is entitled to rely on other medical information, the California Court of Appeal said in the case of Hodges v. Cedars-Sinai Medical Center.
In 2000, the plaintiff started working for Cedars-Sinai Medical Center, a nonprofit academic medical center in Los Angeles. At the time, she was not required to get an influenza vaccine since she was an administrative employee with no direct patient contact. She was diagnosed with colorectal cancer in 2007 and returned to work in 2009.
In 2016, guidance from the Centers for Disease Control and Prevention (CDC) recommended that all employees at healthcare facilities, regardless of role or involvement in patient care, receive the flu vaccine.
Read more: What HR needs to know about vaccine mandate for health care workers
In September 2017, Cedars announced a policy effective Nov. 1, 2017, which required all its employees to get the vaccine by the beginning of flu season as a condition of continued employment. This policy made exceptions only for employees with a valid medical or religious exemption.
The medical exemption covered only the following recognized medical contraindications: a history of life-threatening allergic reaction to the flu vaccine or any of its components, or a history of Guillain-Barré Syndrome within six weeks from a previous dose of any flu vaccine....
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