In Reverse “Flu With Your Fries” Case, Employer Terminates Employee for Refusing Vaccination

“Flu with your fries?” has become a mantra for paid sick leave supporters, suggesting that employees without paid sick days will come to work sick and infect customers and co-workers.  In this scenario, the employee is the potential infector.french-fries

In perhaps the first reverse “flu with your fries” case, a hospital employer terminated a nurse who refused to comply with a policy requiring all clinical employees to get the Tdap (Tetanus Diphtheria Acellular Peru) vaccination to protect them from being infected by a patient(s). In this scenario, the employee is the potential infectee.

The court dismissed the nurse’s ADA discrimination and failure to reasonably accommodate claims but gave her the opportunity to re-plead those claims, as well as a state disability claim.  However the court cautioned that it considered “her claim tenuous, at best, and [it] will not hesitate to summarily dismiss the amended complaint if the deficiencies identified herein are not rectified.” Ruggiero v. Mount Nittany Medical Center (M.D. Pa, May 15, 2017).