Originally Posted by teacozy
To be clear, this ruling was not about whether or not a hospital can fire a nurse for refusing to vaccinate. As another recent article put it:
"The question before the court was not whether a hospital can require flu shots or lawfully fire an employee who refuses to get one. The ruling concerned whether under New Jersey law such a refusal is "misconduct connected with the work" that would disqualify the terminated employee from collecting unemployment compensation benefits for eight weeks. The Appellate Division of the New Jersey Superior Court decided in Valent v. Board of Review, No. A-4980-11T2 (June 5, 2014) that no such disqualification was warranted. The decision has gained attention because the court commented in its decision that it would be "unconstitutional" for New Jersey to call an employee's refusal to be immunized for secular reasons misconduct when it knew the hospital would have accommodated the employee if her refusal had been based on religious grounds."
I'm not sure why you think this is such a "win". From my perspective, it would seem like the logical thing for hospitals to do now is to just remove religious exemptions as well and only allow medical ones. That way any refusal could be grounds for "misconduct"and thus not applicable for unemployment benefits.
So she may have won the battle, but has probably lost the war.
You must be unaware of how employment laws works. In "most" states you first must win the right to collect (as she did), and after that your chances of wining when you sue increases - so yes, it's a WIN for her, she didn't loose a war, any lawyer would want her to wait for that ruling to proceed. She won!
It is a WIN - IMO because it show employers they are held accountable for their "rules" as in this case the employer will end up paying, they pay for your unemployment compensation by the way.
Knowing you can't fire people based on religious reason certainly will (again IMO) open up an employers eyes to their "rules" and the legality of such "rules" and in the end money talks.
It's going to be quite hard for an employer to deny a person an exemption for something when the state does
allow it, as in the case with a religious exemption and by removing it that too will open them up to a legal challenge. We see this constantly being challenged, an employer going again someone when the state allows it........a win!
ANTI-GMO too! & Proud of it!
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