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Kaiser Permanente Vaccine Mandate Class Action Lawsuit Overview:
- Who: Healthcare giant Kaiser Permanente is asking a federal judge to dismiss a class action lawsuit filed by workers upset over its vaccine mandate.
- Why: Kaiser claims the workers’ allegations are “bizarre” and “conspiratorial.”
- Where: The class action lawsuit was filed in California federal court.
Kaiser Permanente has filed a motion to dismiss a class action lawsuit filed by employees upset with its vaccine mandate, calling the claims “bizarre” and “conspiratorial.”
Kaiser argues workers rely primarily on a misguided theory that the company is a “state actor” that “caused” federal officials to impose vaccine mandates.
The plaintiffs, represented by the United KP Freedom Alliance, have not shown any credible basis for these claims, Kaiser says, instead simply “identifying only routine interactions between Kaiser Permanente and officials regarding salutary efforts to combat the third leading cause of death in the United States in 2020.”
Kaiser Permanente Vaccine Mandate Violates Worker Rights, Claims Class Action
Kaiser announced its vaccine mandate in August, at which time workers were told they would need to either be vaccinated by Sept. 30 or be granted an exemption.
The mandate allows Kaiser Permanente workers who were granted an exemption to bypass getting vaccinated by submitting to bi-weekly COVID-19 tests, reports Law360. Employees not vaccinated or exempt would be placed on unpaid leave starting Sept. 30 and face termination on Dec. 1, the company said.
Kaiser Permanente workers filed a complaint in response to the mandate in October, claiming it violated their personal liberties protected by the Fourteenth Amendment, splits employees into two separate classes, and violates their personal autonomy and bodily integrity.
Kaiser argues, however, that the mandate was put in place to protect workers from COVID-19 and that blocking it would “needlessly put Kaiser Permanente’s 12.5 million members and 216,000 employees at increased risk of serious disease and death.”
Further, Kaiser says the workers are attempting to prevent the company from using “the most effective tool available to combat the most significant public health crisis the world has faced in generations.”
In addition to violating the Fourteenth Amendment, workers claim Kaiser is guilty of invasion of privacy and intentional infliction of emotional distress, among other things.
Workers are asking for an order barring Kaiser from enforcing the vaccine mandate, as well as damages and fees.
United Airlines employees filed a similar class action lawsuit in September, arguing the company’s vaccine mandate is discriminatory and violates their civil rights.
Do you believe Kaiser Permanente is violating the rights of its employees by enforcing a vaccine mandate? Let us know in the comments!
The plaintiffs are represented by John Wayne Howard and Andrew Nagurney of JW Howard/Attorneys Ltd.
The Kaiser Permanente Vaccine Mandate Class Action Lawsuit is United KP Freedom Alliance v. Kaiser Permanente, et al., Case No. 3:21-cv-07894, in the U.S. District Court for the Northern District of California.
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68 thoughts onKaiser Permanente Asks Judge To Dismiss Workers ‘Bizarre’ Class Action Claims Over Vaccine Mandate
The covid vaccines are a colossal failure. At best, they provide mild to moderate protection for up to six months. That is LESS protective time than actually getting COVID. Every year people get colds, flus and now they will covid. Getting it provides better protection for a longer period of time. If someone wants to get the covid shot. That’s their choice. But this is MY BODY MY CHOICE and I don’t want the COVID vaccine because I’ve already gotten COVID x3 since 2020 and each time I got it all I had was terrible body aches and a fever for one day. That’s okay with me. Now that is not okay for my Grandma, who I support GETTING the covid shot. I’m also not one of these fools who works in health care that thinks just because you get a covid shot you won’t get covid. MANY healthcare workers still got covid despite being triple vaxed. Look, the solution is simple folks. Healthworkers who aren’t vaccinated should simply be told to wear a mask during the peak seasons like they were told when they refused the FLU shot. There is nothing special about COVID. In fact we now know the numbers who died were disgustingly inflated. It’s all about power and control and not really about health. That is 100% clear now thanks to brave doctors and other healthcare workers who use critical thinking and courage in medicine. Thank you!
I am a longtime patient at KP, Salem, OR. I got the 1st 2 Moderna shots but refused to get boosted due to very questionable efficiency.
My dr & I got into a heated discussion over my refusal to boost.
My daughter was anxious for their 11
y/o boy to turn 12 to be vaxed! I argued against it due to reliable reports about Pericarditis resulting in young otherwise healthy males. She refused to believe me until she questioned a KP MD (& fellow parent on the boys baseball team).
He said quietly to her “do not allow your son to be vaxed” & verified my
concerns. I relayed to him the info my daughter was privately given but he responded ,”there’s no proof.”
This is not about COVID vaccine . In my case Kaiser was negligent with me as an employee by not following their policies and procedures for keeping their employees safe . I’ve been an employee for 30 years .
I was an employee for over 12 years with Kaiser and was let go due to not having a Kaiser approved reason towards not receiving the covid vaccination. My supervisor told me that my health reasons weren’t good enough to be dismissed from the vaccine, so i decided to put for my religious beliefs but unfortunately was still denied they put me on suspension then terminated me January 1st. Please, if someone can help me on being attached to a case to go against Kaiser Permanente for wrongful termination please let me know. Much appreciated.
I was an employee of Kaiser for 31 years and was terminated 1/10/2022 for not getting the covid 19 vaccine. how can they terminate us for refusing an experimental drug. I have been on the frontline for 18 months actually testing for covid. In the beginning we had full PPE and as time went on they stopped supplying us or caring about it. I also had applied for a religious exemption and it was denied. they asked additional questions after the original approval. who is reviewing these requests? and how dare them have the right to question my answers and say they do not meet kp standards. Other people in the same clinic had theirs approved. I have since applied for unemployment and Kaiser denied it saying it was misconduct because i broke a company policy. I have never seen a specific policy about this particular vaccine. I questioned my union rep about and appeal and was told that they were not allowing appeals. I wrote one anyway and sent it to HR and never got any response from them. I then asked for a copy of the policy regarding this experimental vaccine and never got a response either. I have tried to file a complaint with the EEOC and and every time I try to get an appointment their are none.
I am so stressed out mentally and financially for what Kaiser has done. I do not think this is right for them to get away doing this to their employees
I cannot get anyone in Kaiser california or Atlanta to give me a straight answer. I received a snail mail that I was terminated on 10/1/21. to date I have not received my seperation letter so that I can fill for unemployment. Please help me.
Now CDPH is saying Asymptotic/Covid positive Healthcare workers should go back to work in 5 days! So as a patient, would you rather have a vaccinated nurse who is Covid positive or a non-vaccinated healthy nurse caring for you?
I am vaccinated, my issue is returning anyone back to work in 5 days Vaccinated or not knowing that person could still potentially shed the virus and expose their coworkers. There is already a staffing shortage and Kaiser is paying megs $ to travel and registry staff. The vaccine obviously is not effective against Omicron if it wasn’t why is Pfizer developing another vaccine targeted at Omicron. Employees should not be forced to take a vaccine that is currently not as effective as we have been told . Look at the numbers of positive cases , it says it all
What if i got vaccine even though I told supervisor I didn’t want to and right after I was admitted in the hospital with covid like symptoms in a coma and paralyzed for months. 20yrs with kaiser
Anyone planning on joining the mass lawsuit from Watkins and Letofsky’s law firm?
Even though I provided my Dr. quoted evidence from FDA she stated she would not write me a medical exemption even though she knows it has not been tested for people with auto Immune disorders. Her statement was basically unless you have a proven allergy to the drug I can not write you an exception and as for religious one you. you can’t have one if you work in the medical field. Wait…isn’t that part of our constitution??? freedom of choice and religion.
I work for Kaiser and have never had to take the influenza vaccine. My coworkers and I have always been able to sign the waiver and just wear a mask during the season. I’d like to know where you work that you 120 hours of sick time and how long you have worked for Kaiser? Also, I never needed any vaccines to work for Kaiser as my titers were all good. Of course, they offer vaccines to traveling nurses. There are other diseases in other countries that we don’t necessarily have here. Plus, they don’t have to take vaccines for everything, just the disease they feel is most prevalent in that country. Please send or post your links for the research on mRna vaccines. This is the first of it’s kind and was only studied for 9 months. According to research all other mRna vaccines studied failed due to lack of providing the proper efficacy. If the vaccine is so great why within a year.a.booster is out and another one being considered. It also wanes after 4-6 months. Plus, you can still get, transmit and dye from covid. So what real protection is it giving. Even the INFLUENZA vaccine is yearly not every 4-6 months. Why would people need to get 4 shots a year for just for covid.? It is also my right to decide what goes into my body, I shouldn’t have to be forced. I believe in vaccinations but not one that they don’t even have research on the long term effects of it. How could they again it was made in 9 months how could they have followed their study subjects for years to see if any long term effects could happen. That is why it is still under Emergency protocol so the manufacturers can not be sued for any deaths or long tern effects from it. In the beginning they said just the 2 shots by Pfizer/Moderna or 1 shot by J&J would be effective and they have already changed that since it didn’t get the efficacy it was suppose to have.