Women fired for refusing flu shots and masks sue, claim religious discrimination

Two of the three women who were fired after they refused to either get a flu shot or wear masks to Lutheran Social Ministries have sued the organization, saying the firing violated their constitutional rights.

Hospitals and health care facilities have at times put similar requirements to the mandate at Lutheran Social Ministries, newly in effect this year.

But "What makes this case remarkably different than other recent lawsuits related to flu vaccine terminations is that Ms. (Alanda) Watson and Ms. (Denise) Mercurius were not health care workers," wrote Schorr & Associates in announcing the lawsuit. "They worked in the accounting department in a separate office building, where they worked from private cubicles and had no patient contact whatsoever."

The trio's dispute with Lutheran Social Ministries caught widespread media attention in early November, with reports they expected to be fired at the time. They were instead put on unpaid suspension, and fired after continuing to refuse to comply weeks later.

"As far as I'm concerned, my body is more important than my paycheck," Watson told New Jersey 101.5 last month.

A third woman fired by Lutheran, Megan Duncan, is not part of the lawsuit.

Lutheran Social Ministries has a number of clients, some of which are at high risk for potentially debilitating or deadly diseases such as the flu. Through various programs throughout New Jersey, it serves senior citizens, the homeless, immigrants, at-risk children and battered women.

Ruth Lewis, executive director of marketing and communications for the Lutheran Social Ministries, has told New Jersey 101.5 that any worker might occasionally come into contact with those vulnerable populations, though she couldn’t address the trio’s specific case as a personnel matter. The company was also concerned about secondhand contamination, she said.

The company’s opt-out policy — allowing flu shot exemptions for religious, medical and other reasons — is fairly broad, Lewis said. Lewis said to the best of her knowledge, no one who asked for an exemption was denied, but all who are granted exemptions must wear masks.

"The forced wearing of a mask at all times, in a strictly office environment, without exceptions even for eating, drinking or other necessary and normal life functions, is not a reasonable accommodation," the lawsuit states. "It is a punitive and coercive action taken for the purpose of unlawfully discriminating and retaliating against the plaintiffs."

It says the rule violated the women's medial and religious privacy rights. It also claims they were assured by Lutheran officials they would only be required to wear a mask when actually visiting a facility at which they'd come into contact with the service's clients — but that a part of the policy was later changed to cover all employees at all times.

Lewis has previous said Lutheran felt a universal policy would be more effective and fair.

It says the "religious discimrination and retaliation started almost immediately, as Ms. Mercurius was initially advised that the defendants were rejecting her religious exemption because 'stating you are Christian is insufficient.'"

And the lawsuit alleges the women had difficulty getting straight answers while on suspension about whether they'd have to wear masks while eating, or washing their faces — or if they'd have to leave the building to do so.

All three women were fired Nov. 17.

According to the Centers for Disease control, over a period of 31 seasons between 1976 and 2007, estimates of flu-associated deaths in the United States range from a low of about 3,000 to a high of about 49,000 people.

Flu shots contain a dead form of a flu virus that cannot develop into influenza. Nasal sprays use a weakened form of the virus that medical experts say stands no statistical chance of developing into influenza.

Both trigger an immune system response that can result in some flu-like symptoms, albeit ones that are typically more short-lived than influenza itself.

Because influenza viruses vary from year to year, the effectiveness of vaccines can as well.

A company is within its legal rights to fire someone over violating a policy, so long as it's not discriminating, an attorney told New Jersey 101.5 — though he also said he thought doing so for refusing to get a flu shot was taking things too far.

Lewis has previously said she thinks it's good that companies are taking discussions about flu vaccination and employee health seriously. But she said there's "no black and white answer" for every organization.