Lawsuit claims Baystate’s employee flu shot policy is discriminatory

The Equal Employment Opportunity Commission filed a lawsuit Thursday against Baystate Medical Center, claiming the Springfield, Mass.-based hospital’s employee vaccine policy discriminated against a former employee based on religion.

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According to the Boston Globe, Baystate’s vaccine policy required all employees to get a flu shot or wear a mask while on the job. Stephanie Clarke, a former hiring consultant in Baystate’s human resources department, refused the flu vaccine because of her religious beliefs, and wore a mask to comply with policy.

However, Ms. Clarke found it difficult to talk to people with the mask on, so she would pull the mask away from her mouth to speak. Because of this, she was suspended without pay in November and fired in December.

“Because Clarke’s job did not require her to have patient contact, it would not have been an undue hardship for [the hospital] to exempt Clarke from the flu vaccine requirement, or to permit her to remove the mask while speaking,” according to the complaint, as quoted by the Globe.

A hospital spokesman told the Globe the vaccine policy is a reasonable step the hospital takes to keep patients safe, as “our patients’ safety is our highest priority.”

EEOC filed the suit in the U.S. District Court in Springfield after trying and failing to reach a settlement with Baystate. The agency is asking for back pay and damages for Ms. Clarke and demanding that Baystate stop discriminating against employees.

More articles on flu shot policies:
Employee rights vs. patient safety: The balance of mandatory flu shots
Why healthcare workers don’t get their flu shot: 1 common barrier
Penalties or incentives for staff flu shot campaign: Which is more effective?

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