Last Thursday, a
federal appeals court issued an important ruling in a case where a hospital
employee refused to be vaccinated for the flu because of his vegan beliefs.
Vegans are people who strictly refuse to consume or use animal-based products.
This includes vaccines that require the use of eggs in the production process.
Paul Fallon had
worked at Mercy Catholic Medical Center for several years as a mental health
professional. For the first few years of his employment, he was granted an
exemption from the vaccination requirement.
However, in 2014, the
hospital narrowed its exemption policy. Instead of having a creed or belief, a
person seeking an exemption would need to provide a letter from a
clergyperson to support his or her request.
Fallon did not belong
to any religious organization. Eventually, he was fired for not being
vaccinated.
The Third Circuit Court of Appeals upheld a lower court ruling that dismissed his religious
discrimination lawsuit under Title VII.
Circuit Judge Jane
Richards Roth said that Fallon's beliefs were not of a religious nature and did
not seek to address “fundamental and ultimate questions having to do with deep
and imponderable matters.” Instead, Fallon’s beliefs reflected a “general moral
commandment.”
Also, the opinion
said: “Generally, he simply worries about the health effects of the flu
vaccine, disbelieves the scientifically accepted view that it is harmless to
most people, and wishes to avoid the vaccine.”
Hospitals require
vaccines to limit the spread of contagious disease by their staff.
***
In other vegan news—entirely
unrelated to employment!— McDonald’s is rolling out the McVegan burger in
Norway. Many food companies are offering vegan alternatives. Paul Grimwood, CEO
of Nestle USA, said in an unrelated context that “as many as 50% of consumers
now are seeking more plant-based foods in their diet and 40% are open to
reducing their traditional meat consumption.” This means cutting out all meat,
milk, eggs and animal products.
My personal view? The appeals court ruled and reasoned
properly—and so has McDonald’s. And FWIW, I get vaccinated but also want to try a McVegan burger. Feel free to share your views and tastes on FB or at mhl@illinois.edu.
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