Do i have a case

UPDATED: Sep 30, 2022

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Do i have a case

I am a health care provider and I am required to wear a mask my full 12 hr
shift because I claimed religious exemption from the flu shot. Can I sue my
employer for bullying/ harassment. Can I sue them for violating my privacy for
exposing me as a none flu shot taker to everyone by wearing a mask. Or on the
grounds of discrimination because i am being forced to wear the mask for not
taking the flu shot, however, staff who have take the shot don’t even though
they are just as risk to getting the flu like i am because the shot doesn’t
protect all strains? or discrimination/bias because there are visitors who come
to the hospital without a mask who have not taken flu shots, yet they are
allowed to be among the patients in patient care area, even patient who have
not taken the shot have this right as well. What makes it different for me?
Since when does becoming an employee means my employer has the right to harass/
bully me into taking something i don’t believe in or expose me to everyone as
being defiant by forcing me to wear a mask all shift. Maye even on terms of
endangering my own health since i could become acidotic from breathing in my
own CO2 for 12 hrs? this must be illegal on one of those terms?

Asked on November 4, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, this is not religious or any other kind of discrimination; to the contrary, this is an example of your employer making a reasonable accommodation to your faith. An employer can require employees to get flu shots as a condition of employment; but because you have a religious objection, your employer is allowing you to not get the shot but only where a mask, which is considered reasonable in a health care setting.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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