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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
If the vaccine is so effective at preventing infection and transmission, then why does it matter if people choose not get the shot? If vaccinated people are still getting infected and transmitting the virus, then how is the vaccine effective? Where there is risk, there must be choice.
Kaiser is violating people’s right to choose what’s right for themselves. Science does not support mandating this vaccine. People who have been vaccinated are still getting Covid.
Natural immunity is the best defense.
Nurses and other health care professionals put their own lives at risk in 202 for The Kaiser coordination when they were forced to take care of sick patients without adequate PPE’s or having to reuse PPE’s and still showed up to work everyday, exhausted, scared, and stressed out. But now Kaiser wants to force something that should be personal choice. They have declined 100’s of religious exemptions and it Kaiser nurses on unpaid administrative leave in the past two months. Kaiser does not care about its employees or patients, it cares about its own personal agenda and it’s financial kick backs.
If we are going to “follow the science” why don’t we actually do it. Natural immunity is more effective than the Covid shot. Instead they are having the unvaxed test twice weekly when those that have had the shot are not being texted and can still acquire Covid and spread it. Hospitals, including Kaiser, should allow nurses to provide current antibodies as an exemption instead of forcing the shot or else lose your job. Kaiser has already been putting staff on unpaid administrative leave for not having “sincerely held religious beliefs”. Nurses should be allowed religious freedoms and maintain their jobs.
Healthcare workers are required to wear PPE including a surgical mask(at all times) and a face shield (when interacting with patients) regardless of vaccinated action status. With these two measures in place, Kaiser states you are not considered “exposed” to Covid if you are compliant with wearing the PPE. So, regardless of vaccination status, all are required to wear a level of PPE that protects you from the virus. Additionally, the unvaccinated have been testing twice a week since the initiation of the new testing procedure. Whereas, the vaccinated are not required to test and have been getting COVID and thereby the actual “sick” employees putting the patients at risk. Lastly, none of Kaiser’s mandates acknowledge natural immunity. Natural immunity is being consistently reaffirmed after the invaccinated are deposed to Covid and still continue to test negative twice per week. AND test positive for Covid antibodies almost a year post infection. This is clearly a mandate based not on science. These mandates are creating a Class systems where religious beliefs are ridiculed and mocked openly. The environment is one of harassment and discrimination towards those religious beliefs
By now, the science has revealed that this shot doesn’t prevent transmission or infection. The numbers of fully vaccinated individuals sick in the hospital and dying is climbing. At best, it is a symptom reducer for an individual. Science has also revealed that natural immunity is far superior than the mandatory shot. Nurses and Doctors that have natural immunity are the safest to be around patients and co-workers. Yet, Kaiser is choosing to ignore this scientific fact. With limited data on side effects and outcomes, it is irresponsible to mandate workers to inject themselves with a product that has not lived up to its promises, is causing deaths and disabilities, and is failing to control the case numbers.
Mandating vaccines for healthcare violates your God given right to freedom and religious rights for many.
This is unAmerican
Unvaccinated Workers are getting tested twice a week and in that regard are safer than their vaccinated co-workers who may possibly be spreading covid since they are not testing. How is this fair or right?
The shot obviously dosent stop them from still getting Covid or stop the spread. Wasn’t a big issue before. They should have the right to do whatever they want
How can my personal health decision whether or not to get vaccinated affect anyone else? Especially if I’m surrounded by vaccinated persons?
Yes I believe that your right to decide if you want to get the vaccine was violated. And plus the shot doesn’t prevent you from getting CoViD nor does it prevent you from dying of it. Because all your doing every 6 months is getting more shots after your supposed to have been fully vaccine but you must get boosters. When at first all you needed was one shot or two now more shots after those.