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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
Kaiser is WRONG ON SO MANY LEVELS. they accept all walks of life EXCEPT their own employees. Freedom to choose what you inject into your body without fear of losing your job should be a PROTECTED RIGHT. Plain and simple, let these heroes work! They’ve all worked without a vaccine for almost a whole 2years. Those who want the vaccine can get it and have.. Those who are healthy with robust natural immunity should be allowed and encouraged to work!
One day the hero, next day fired. If we the nurses truly felt we were endangering our patients, we would quit, but this is not the case. Kaiser is playing games and endangering patient care by firing some of the best nurses they have!! Sickening!!
Kaiser is wrong for this these ppl put their life on the line for us . Ur taking their JOBS??? SICK AND EVIL!!!!
Kaiser is corrupt and in bed with the CDC and their lies. They have denied so many religious exemptions and forced nurses to choose between their jobs and passion and a paycheck. They have denied and revoked hundreds of RE for no reason. Just that didn’t feel the person had a sincerely held believe. They are are similar in wording and they are just picking and choosing who they want to approve or deny. They are shaming and harassing nurses who follow the science and are questioning this vaccine, what is in it and what it is really doing to your body and immune system. Who is Kaiser to decide who has a religious belief or not. They sent multiple questions violating HIPPA rights. The asked questions like “what medication do you refuse to put in your body based on your religious beliefs”. Why does anybody have to disclose their medical information to their employer? That illegal!! The public needs to realize Kaiser is in it for the money. They made $6 million dollars a day during the pandemic. They walked healthy non COVID related patients through the COVID tent to the “clean tent” on the other side. Why……to expose more people and help the spread, so they could get rich!! Don’t believe me…..go ask any ER nurse how the tents were set up. I personally witnessed it and all the corruption. Kaiser is violating their own code of ethics and rights modules!! Doctors are shaming and harassing nurses who refuses the shot and bullying their patients into getting the vaccine when they tell them they don’t want it. Kaiser needs to be exposed for what they have done (fired hundreds), forced hundreds (who couldn’t lose their jobs), and is discriminating against the others who are still employed. Their comments in this article, calling the people who filed the lawsuit “bizarre ”, is just an example of how they shame and treat their employees that question their objectives. Kaiser does not care about you, your health or keeping you alive. You are just a number and $ to them.
100% facts. ?
How can Kaiser go from honoring last year’s heroes who bravely fought the pandemic to treating many of these same people like this year’s garbage? Just follow the money.
It’s looking more and more like Kaiser has colluded with Big Pharma and the federal and state governments to position themselves in such a way as to disproportionately influence vaccine policy nationwide and to pave the way for universal vaccine mandates. This engine will drive a perpetual revenue stream for the vaccine manufacturers and all those who stand to profit from this scheme. This was never about safety. It was always about money and power.
Seems like most denied are 10+ years kp healthcare workers..
Phase out those with a pension and pension isn’t an option with new hires.
Bizarre? And the name calling and bullying by Kaiser continues. Their statements in this article alone show how they have treated their employees, my gaslighting, segregation and name calling.
WAKE UP KAISER MEMBERS
Kaiser requires employees to take annual ethics, compliance, anti harassment, anti bullying, anti-racism, cultural sensitivity courses.
But Guess what? There is no protection or acceptance if you are Christian. You might not have talked about your faith one single time in two decades—but exercise your religious freedom on this issue—watch out—your heart bleeding on three pages to explain to them your most personal thoughts and “DENIED” you don’t meet criteria.
Kaiser accepts everyone—you get your own pronouns—but Covid! Christians are not allowed because covid! Covid! Safety!
WAKE UP. There is serious medical bias happening—if you are unvaxxed their minds are blown and they can no longer look at your objectively because you have NOT done your part.
Let’s be honest. Calling people heroes for doing a job they signed up for bc it pays well—without a firm footing in Christ—this adoration and accolade went to their heads. Covid! Covid! Covid! Now they’re so far gone—no one can even LOOK at an unvaxxed person without disdain and disgust.
WAKE UP America.
I took the force vaccination because the ultimatum of my livelihood was at stake. I reached out to our representation with no luck because they also jumped on the bandwagon.
Large Corporations who profited from this plandemic are being tyrants. Using there power/profits to bully it’s employees. Pocket all profits and do very little to reinvest in the Labor that helped with making those profits.
I’m unsure if I can do anything for myself at this point. Once I heard that I most likely was not going to get representation because the Union was in aggreeance with Kaiser. I felt I had no choice. I need my job, especially now!
I have a lot of respect for those who stuck it out! I hope the Courts strike a mighty blow Corporate greed.
As a Kaiser employee who has been through the exemption process, allow me to enlighten you to how we’re being treated and why this lawsuit was filed.
Kaiser desperately would like the public to believe that they work with their staff and consider each exemption carefully. This is false. Our claims are being processed by a third party that HR refuses to disclose.
The initial filing of the exemption was done on Kaiser’s intranet wherein we had to fill out a form that demanded specific reasoning, religious quotes, and for us to check boxes that stated we acknowledged the vaccine was a good thing with no option to refuse.
After filing that exemption form, we were left to twist in the wind for weeks, waiting to be accepted or denied. Those of us who were accepted assumed the case was closed. It was not.
Questions began to arrive in our inboxes that were chosen from a form letter list. All were highly invasive, and intended to trip you up. Kaiser stated their reasoning for this was that some exemptions sounded suspiciously alike.
A cycle began. Some would be re-approved only to recieve more questions, with more and more previously-approved exemptions being denied with no reason offered.
As of a week ago, after a long silence from HR as their self-imposed termination deadline of December 1st arrived, thousands of exemptions were inexplicably revoked. HR has been largely unhelpful, refusing to give reasons, responding to emails with form letters, and hanging up on us. More exemptions continue to be revoked daily with more and more workers given a jab-or-job ultimatum and increasing the workload on their already grieviously-understaffed facilities.
Rest assured, the only “bizarre and conspiritorial” behaviour taking place is from Kaiser itself.
Hi i hav started my 6 week leave without pay. I could have written this comment myself.
I are you in the lW suite?
If so can you contact me with information? Blcady@gmail.com
Well said!
100% same thing happened to me. My original RE was approved in August. Then a letter in November stating that they are re-evaluating the letter. On Dec 2, I received an email stating my RE have been denied and I have 5 days to comply or be put on UNPAID ADMIN LEAVE, risking TERMINATION on Jan 7th, 2022. I never received a second opportunity to resubmit my RE responses, so here I sit in total MENTAL STRESS and DEPRESSION because my livelihood is being taken away by Kaiser. I have been an impeccable employee for the last 25 years. I am disposable to them.
It does interest me to see that most of us on here have been employed by Kaiser for 10+ years. Finding another job right now is laughable; because they all require the vaccine. Even if I get a job at the minimum wage (whoever will hire me without the vaccine), the paycheck will not cover my mortgage/rent, food, gas to drive to and from work, out of pocket Medical/Dental, auto loans. All essential to survive in this corrupt world.
Something NEEDS to be done. This is complete DIVISION, SEGREGATION, TYRANNY AND MANIPULATION OF POWER.
Kaiser is bad and they should not be able to get away with making so manny people feel so lonely and upset with all they have done. Their private agendas will be exposed and they will pay dearly with all they have done.