Employee can’t base fraud claim on hospital’s flu shot policy, EEO statement

An employee claimed her termination was based on fraud because the employer didn’t honor its written commitment to equal employment opportunity (EEO) in its workplace practices, but the Arkansas Supreme Court recently rejected the argument.

Facts

Ann Jenkins worked for Mercy Hospital Rogers, a Catholic-affiliated medical facility, as a physical therapist assistant. Mercy had an influenza vaccination policy requiring all employees to receive an annual flu shot as a condition of employment. The policy stated the facility would “grant exemptions . . . for approved medical reasons or sincerely held religious beliefs." Under the policy, employees whose exemption requests were denied had to get the shot, and any employee who wasn’t vaccinated or granted an exemption would be terminated.

Mercy also had an EEO policy stating it “is committed to a policy of non-discrimination on the basis of . . . religion. . . . In our commitment to discrimination-free services we exceed the requirements of Title VI and Title VII of the Civil Rights Act of 1964."

In addition, Mercy displayed an "EEO is the Law" poster, which said Title VII, as amended, “protects applicants and employees from discrimination . . . on the basis of . . . religion." Its website also stated the health center “is an equal opportunity employer. . . . We do not discriminate based upon . . . religion."