A Pennsylvania hospital was within its right to terminate the employment of a nurse who refused to get an employer-mandated COVID-19 vaccination, a state appeals court ruled Tuesday.
The Pennsylvania Superior Court, in affirming a trial court decision, found that Holy Redeemer Health System Inc. didn’t violate any state laws when it fired nurse practitioner Cynthia Deasey in October 2021, one month after the employer mandated the vaccination of all employees.
Ms. Deasey requested a religious exemption, but it was denied.
Holy Redeemer claimed it was permitted to terminate Ms. Deasey because she was an at-will employee.
Ms. Deasey’s lawsuit contained counts of wrongful termination and employment discrimination.
Holy Redeemer argued the matter should have been under the jurisdiction of the U.S. Equal Employment Opportunity Commission and also that the suit was barred by workers compensation exclusive remedy.
A trial judge dismissed the wrongful termination claim and other counts in the lawsuit. Ms. Deasey appealed, reiterating her contention that her firing conflicted with various state laws and the Pennsylvania constitution.
The Superior Court, in upholding the suit’s dismissal, said the legislature never “sought to curb the ability of a private employer from requiring an at-will employee to receive a vaccination,” and that Holy Redeemer did nothing illegal in terminating Ms. Deasey.