A federal appeals court has upheld dismissal of a disability discrimination case filed by a health care worker who was fired after she refused to get a vaccine because she said she had allergies.
In 2013, a unit of Minneapolis-based Allina Health System merged with Courage Center in Minneapolis, where Janice Hustvet worked as an independent living skills specialist, according to Friday’s ruling by the 8th U.S. Circuit Court of appeals in St. Louis in Janice Hustvet v. Allina Health System.
Allina required Courage Center employees who had patient contact to get a vaccine for measles, mumps and rubella as part of a preplacement health assessment screen. Ms. Hustvet refused, stating she had many allergies and chemical sensitivities, and needed to limit her “exposure,” said the ruling.
Allina terminated her, and she filed suit in U.S. District Court in Minneapolis on charges including violation of the Americans with Disabilities Act and state law.
The District Court dismissed the case, which was affirmed by a unanimous three-judge appeals court panel.
“Allina’s decision to force a class of employees (those employees with client contact who merged into the company) to undergo a health screen was job-related and consistent with a business necessity,” said the ruling.
The undisputed evidence shows the health screen’s purpose was to “ensure that incoming employees who might come into contact with patients had immunity to communicable diseases as recommended by the Centers for Disease Control and Prevention and Joint Commission accreditation requirements.”
The ruling also rejected Ms. Hustvet’s failure-to-accommodate claims. Ms. Hustvet said she is disabled, but “there is insufficient evidence in the record to support the conclusion that Hustvet’s chemical sensitivities or allergies substantially or materially limit her ability to perform major life activities” said the ruling. “She has never been hospitalized due to an allergic or chemical reaction, never seen an allergy specialist, and never been prescribed an EpiPen.”
The ruling said it was also rejecting her retaliation claims “because she cannot show the proffered non-retaliatory reason for her termination was pretextual.”
In June, a federal appeals court overturned a lower court ruling and reinstated disability and retaliation charges filed by a nurse who was terminated after she refused to get a vaccine because of anxiety.
A federal appeals court has overturned a lower court ruling and reinstated disability and retaliation charges filed by a nurse who was terminated after she refused to get a vaccine because of anxiety.