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NJ Hospital Wins Appeal Over Religious Flu Shot Exemption

October 4, 2016

Law360
By Bill Wichert

The New Jersey Appellate Division on Monday ruled that a former hospital worker who was fired for refusing to get a flu shot cannot pursue a religious bias claim against a medical center for exempting certain employees on religious grounds from the vaccination requirement, because she has not claimed to be a member of a protected class.

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Janice G. Dubler, an attorney representing the defendants, told Law360 on Monday, “I was glad that the Appellate Division affirmed. The finding below was that Lourdes was properly administering its influenza vaccination program and the judge below also found that the program serves an important public health purpose, and I was glad that the Appellate Division agreed.”

The defendants are represented by Janice G. Dubler and Ethan Hougah of Montgomery McCracken Walker & Rhoads LLP.

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