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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 has always required vaccinations for employees but also for members . They also go as far to provide members and employees with a Traveling clinic for those that travel to third world countries and require vaccinations for trip. Also, As of 2016 , the ER Nurse upon discharge we make it so convenient to members and offer flu shot , any vaccinations needed and it’s nice for members. Kaiser also has best , most and a lot of great benefits offered to employees that they mandate vaccines and not surprised Covid is mandated but it’s to protect members. Kaiser gives staff 120 hours of Sock time, 40 hours of family , PTO, paid holidays , 40 CEU units a year for RN list goes on . They also have RNs on floors with cart offering vaccinations to staff and it’s same rules applied for TB, FLU, swine and KP staff will not get a better job .
Addendum : the yearly bonus KP employee receive in March which is the PSP which varies from 500-3300 for staff at all levels includes compliance with employee health , vaccinations , attendance and compliance .
Upon hire KP sends new insurance cards to family which includes partners that many KP staff include step children , new live in boyfriends and for additional charge you can add an elderly parent . Kaiser is largest HMO which is also role models for other hospital and insurance company therefore the Court should rule in KPs favor since they are the leaders in health care and voted as best employer in Forbes, indeed and nursing jobs blogs . Hoping Kaiser prevails , the PSP this year will compensate employees that comply with vaccine .
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 foe Kaiser as my titers were all good. Of course, they offer vaccines to traveling nurses. There are other disease in other countries that we don’t necessarily have here. Plus, they don’t have to be vaccines for everything just the disease the 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.
I too worked for KP, 24 years. I have never been mandated to take any vaccine! I got 120 sick hours every year, 6 weeks vacation every year, PSP bonus every spring, and the other great benefits the ER nurse stated. We’re probably in the same union. I earned it. These benefits don’t one without a lot being required of KP employees. It’s not all roses. I am not able to return to work because I’m not taking the Covid-19 vaccination. My religious exemption was denied. I have submitted the influenza exemption form every year with no problem. However, the exemption for not taking Covid-19 vaccination is very rarely being approved. KP should be ashamed. To not have any options other than termination for those of us loyal employee’s who wish to not take an experimental vaccine with minimal testing and research is deplorable. My job was in a non-medical facility with absolutely no patients. Most employees work from home, yet there is still no option other than taking the Covid-19 vaccination to remain employed by KP. This doesn’t make sense!
I lost my job at Kaiser Permanente after 7 years because I am not getting vaccinated. I can’t pay my rent, my bills, I am starving because I am not getting vaccinated. I am heartbroken
Did you apply for unemployment and rent relief (housingiskey.com) yet?
Kaiser is indeed violating the rights of it’s employees by mandating this experimental vaccine! This tyrannical action of taking away the financial livelihood of these loyal employees for not taking the jab is unconstitutional, unacceptable and invasive to their beliefs of their own divine body temple! How dare ANY corporation try to cripple their workers with such a strategic financial action! A worker that takes this jab against their beliefs because they feel they have no other financial choice is a form of rape! I believe everybody should stand up against Kaiser, boycott them altogether and join this class action lawsuit! I will no longer use Kaiser for my healthcare.
Thank you. I am one of those being terminated due to my failure to take the poke!
I am a RN at Kaiser in Say. I just came back from unpaid administrative leave. My religious exemption was originally approved; then months later they requested for more information. Then months later denied my exemption, which expired 5 days from the denial letter. I became so depressed because I did not want to get the vaccination, but I could not afford not to. So I was force to get vaccinated; but I could not return to work until I received my second vaccination. I have been going to therapy to cope with this. It’s the worst feeling to have to do something against your free will. It feels like rape
I was a Kaiser employee for over 20 years, I was working from home since the pandemic started 3/2020. I too have a similar story like yours, my religious exemption was approved then denied after more invasive religious questions asked including wanting access to my medical records history. I was terminated from Kaiser California area 12/8/2021. I too had to seek therapy and the union was devastated for me because they couldn’t do nothing to help me. Feeling violated and bullied is an understatement. I can’t wait for justice one day; we all deserve it.
I have been employed with Kaiser Permanente SCAL for the past 25 years. I have an impeccable history with Kaiser as a very reliable, punctual, dependable, efficient, professional and self motivated working professional who hardly called out sick or late for work. I have also been compliant with everything that Kaiser asked of me until COVID-19 Vaccine Mandate.
I find it so disheartening that I am put in this predicament due to my religious belief of not getting the vaccine. My original Religious Exemption was approved, but now it is DENIED. I am aware of other LVNs in my clinic that had the second opportunity to resubmit their exemption and got approved. I’d like to know on what basis Kaiser decides whose Religious Beliefs are authentic? What criteria is used for who is denied and who is allowed to resubmit the exemption request. This is clearly discriminatory for Kaiser to dictate my beliefs and values. I am more than willing to get weekly testing done. I wear my mask daily at work. I wash my hands. I respect everybody’s space. This virus has been going on for almost 2 years, and all of my test results have come back NOT DETECTED. Why is that not good enough for Kaiser?
Kaiser emphasizes respecting the decision of other people’s gender preference, background, religion and beliefs when we are constantly bombarded with required KP Learn courses. What is the difference with my belief in not getting the COVID-19 vaccine? There is scientific proof that the COVID-19 shot does not prevent infection, reinfection and transmission of COVID. Why is Kaiser so adamant about 100% of their staff be vaccinated?
KP has no regard for its dedicated, long-term employees. I am sorry for you and share your grief. After 26+ years of my life spent here, I am also being kicked to the curb. Shame on you, KP!
Kaiser is following the NWO government agenda by pushing the vaccines on everyone. I am a Kaiser member since 2007 and I hate Kaiser. They have treated me horrible many times and have neglected my many health issues I am suffering. They only treat the symptoms of health issues they dont try to heal the root cause and because of this my life will be cut short, Now every time I go to any doctor they try to pressure me to take the jab and I wont I tell the doctor you are not putting that poison into my body and they just laugh, Get involved in this class action lawsuit sue the hell outta them. They just fired my neighbor she had 25 years with Kaiser Pharmacy she refused the vaccine and the also did not accept her religious exemption and they make it so she cant get unemployment pay either. Kaiser is breaking the laws in many ways !!!! SUE THEM !!!
Part of the KP Learn courses (Compliance, Harassment) have been against my religion for years. They keep telling us that morals are on par with ethics (which change), whereas morals are actually from God and do not change. They should just state the business ethics that are required for the job.
I have work for KP for 16 yrs, we worked through the Ebola, Zika and Swine Flu epidemic NEVER had I have had to prove My Loyalty of My Lord and Savior. Now we’re facing this Cv epidemic I’m forced to “Apply” for a Religious Exemption and Twice I got denied. Reasons was that I don’t meet “KP Standards”, I’ve asked what is KP Standards? Yup, I’m still waiting for the answer.
Yesterday I was put on administrative leave without No option to test weekly but to be Fully Injected or be terminated! If this is not an agenda I don’t know what is! I will Never Give Up My Rights!
KP is playing the We’re a Private Business Card! ? Hui KP if your receiving Medicare or Medicaid from the federal government , you, Kaiser Permanente falls under federal government law. If your mandates (lawless), regulations and/or policy public or private entities violates Our Constitution of the United States and Our Constitution of the State of Hawai’i we the people have the right to stand up and protect Our God Given Individual Rights!
This battle is not over. I will continue to fight for My Rights and Every Healthcare Worker that was forced, coerced, and harassed to surrender their health, and life over to pure evil.
“no weapon forged against you will prevail, and you will refute every tongue that accuses you. This is the heritage of the servants of the Lord, and this is their vindication from me,” declares the Lord.”
Isaiah 54:17 NIV
AMEN, Sis! God’s will shall prevail!
I needed to hear this. I am mentally and emotionally struggling for being forced to be vaccinated against my will. I am in therapy just to deal. My religious exemption was initially approved, Then they sent me a notification stating they needed more information. Then they denied me. I don’t understand any of this. I have been busting my ass since the pandemic started; before we had any proper training taking care of COVID positive patients. I was working ridiculous shifts and hours for an organization who does not give a damn about my livelihood. I am really disappointed in Kaiser. Thanks for sharing. I needed this outlet
Amen! I stand right there with you!??
what is your religious reason? mine is because of the use or testing with aborted human baby fetal cell lines in the 4 currently available vaccines in the US. Just like in the TDAP vaccine. I am anxiously waiting for the Novavax vaccine to be available here (hopefully Q1 2022) because it does not contain nor did they test with aborted human baby cell lines (by what I can find out). So I will get that vaccination. I object to participating in baby murder no matter how long ago it was, which is abortion (modern day child sacrifice). I’m interested to know what your reason is. However, if this was a greater risk like Ebola or I was putting others at great risk then that moral cause would outweigh this moral cause. Either way it’s a personal decision. Clearly the vaccinations aren’t working as intended anyway.
The act of forcing this unwarranted vaccination on people is tyrannical! It is the most egregious unethical bullying situation what Kaiser has been putting its employees through! I know, because I’m one of those employees. I see 1st hand how Kaiser is illegally denying thousands of sincere religious exemptions. I will submit myself to being a part of this “vaccination trial” so I have been on unpaid administrative leave since 10/1. It was stated that I would be on unpaid leave from 10/1-12/1 after almost 16 years of employment. I have had ZERO communication from any manager or anyone in charge to let me know what is going on. I found out from a fellow employee that my termination date was extended till 12/8. As of 12/8 I am calling our National HR dept everyday to find out if I’ve been terminated yet. They state it shows I’m an employee in the computer system. They state they know nothing more and to call the local HR dept. I call and call but no one answers. I’m the meantime I keep checking my checking account information to see if I’ve been “paid out” my final check/vacation pay as I figure that would be an indication as to if I’ve been terminated. Nothing yet, nobody reaching out to me to keep me updated on my status. Ok, so as you can see this is NUTS. Hopefully one day soon I’ll know what’s going on or maybe no one will reach out and I’ll just keep sitting here wondering… Good job Kaiser, this is not only illegal which I’m beyond confident will be proven in a court of law, this is unethical and a complete joke! I’ve been a stellar employee for almost 16 years and this is my “thank you?” How demoralizing! SHAME ON YOU! Sincerely…
last years hero, this years zero
Correction* I will NOT submit myself to this “vaccination trial”
Sad! Kaiser has become a money making mashing. Look at the numbers follow the money trail. The profit they made in the pandemic.
?
money and power. taken over by elite groups, just like the public schools and government agencies. because that’s how you destroy a country.
I find it bizarre that Kaiser is trying to enforce a so called vaccine that is literally being tested On us at this very moment . They say it in the fda documents that from March 2021 – December 2023 it is being observed for adverse reactions . You tell me what is bizarre. Remember people once the drug is in you , you can not take it out . Ummmm I would rather eat healthy, work out , and take proper vitamins to fight a disease I will most likely survive from. Oh yea I did have it and I did live and it wasn’t that crazy . Arrest fauci and screw Kaiser. It’s about money. We the people are not falling for your lies anymore.
You are 100% correct. They are using the citizens as guinea pigs for this vaccine. Obviously didn’t have time to properly research it in 9 months. I’m not getting it either.
The title of this article made my blood boil! I have been a Kaiser RN for 15 years! We have been put through hell the last two years. We were asked to Re-use PPE 5 times before getting a new one! PPE is supposed to be one use. We did what we had too to survive. we gave Kaiser the benefit of the doubt when they said we don’t have enough supplies. We cared for our patients at an uncertain time. Fast forward to August and we were told you must get a shot or lose your job! A shot the does not stop the spread or really protect anyone. Exemptions were approved after weeks of waiting. Then 3 weeks later a scathing email comes to our inboxes accusing nurses of copying letters from the internet and lawyers. We were threatened and told that Kaiser will now audit the exemptions. Several week after that many got anywhere from 3-12 questions that required nurses to let kaiser know what church you attend, how long you have attended the church, what medications you take, what vaccines you have gotten etc. We were told that if we don’t answer the questions we would most likely have our exemption denied. After another week or two of waiting. Some got new provisional approvals while others did not. These approvals are provisional meaning kaiser can decide to revoke them at anytime. So the harassment continues. Kaiser also forces employees to take CRT education courses and has become extremely political. They talk of inclusion but for only people that think like the organization does. Nurses received several emails recently that spoke of the Kyle rittenhouse trial and clearly states that They think the it’s unfair Kyle was found not guilty. We also got one for the ahmoud case stating they were happy with that verdict. This garbage does not belong in healthcare and should not be sent to employees. We are made to take courses kn personal responsibility while Kaiser does not exercise what they preach on their own. If we are not allowed to talk about these things at work then why are you sending these types of emails to our work email? It’s gross and disgusting. I’m done with this organization. I hope Kaiser nurses win big and Kaiser is forced to pay for all of this.
Well said! The ” Bias” training they gave us to do recently made me realize they are pushing the same tyranny that the Govt and MSM is. I also was disgusted by them bringing the Rittenhouse trial to our email threads. They are very bias and hypocritical and going against their very own policies and procedures. They are deep in corruption with the Govt and it is being exposed!
OMGOSH! This is SO true! KP is a SICK organization whose only goal is $$ and power. Liars. Fakes. May God have mercy on the souls of this leadership!
TOTALLY true. I am in the same boat.
Kaiser (and the rest of the world for that matter) have a false premise. It is that the shot prevents infection and transmission. At best all it does is reduce symptoms. Therefore, their premise that this protects anyone is false and their whole case is shut. Even if it did prevent those things, we still have a right to bodily autonomy.