Question

A hospital employee contended that her termination for refusing to have a mandatory flu shot “violated her religious beliefs because she is a vegan who does not ingest any animal or animal by prodcuts. Will the employee be successful in bringing a discrimination claim on religous grounds? Why or why not?

Answer 1

Yes, the employee will be successful in bringing a discrimination claim on religious grounds. Federal law provides various legal protections for individuals who object for religious reasons to performing certain tasks required by their employer. An individual's right of refusal may also be protected by a special legislation known as 'conscience clauses'. In this case it is the employee's choice to flu shot or not it is her individual rights. Being a vegan she cannot use animal or animal by products, the hospital cannot terminate her for refusing to have a mandatory flu shot she can claim on the hospital for terminating her. He/She can establish a Zero Tolerance Policy Against religious harassment and discrimination. They should respect her religious belief and they cannot abandon or change her religious beliefs.