Nurse Sues NJ Hospital Over Vaccine Requirements

DENVILLE, NJ — A New Jersey nurse is suing the hospital she works for, saying they are discriminating against her by not allowing a religious exemption from a flu vaccine mandate this year.

The lawsuit was filed Oct. 18 in Morris County Superior Court, and alleges that Saint Clare's Hospital violated the New Jersey Law Against Discrimination (NJLAD) for Alexandra Clark, and all other employees who may seek a religious exemption from the hospital's vaccine requirement.

Clark, a Catholic, "has now been left with the choice to either abandon her religious beliefs or lose her job," states the lawsuit. She is a Sussex County resident, and her attorney is John D. Coyle of Morris Plains-based Coyle & Morris, LLP.

According to the lawsuit, Clark has been a behavioral health nurse at the Denville hospital since December 2023. The hospital has a mandatory policy for all employees to receive an influenza vaccine every year.

Clark submitted a religious exemption and accommodation request, saying she believes that "only God is sovereign over viruses, diseases, and all other kinds of illnesses," and that therefore she put her faith in God instead of vaccines. She was granted that accommodation request in 2023, as the lawsuit states.

In September 2024, when the annual reminder about flu vaccines went out to staff, it said that Saint Clare's was not accepting religious exemptions this year. Employees were directed to Human Resources with any issues. Clark submitted a religious exemption, which was denied, and she believed that failure to comply would result in her losing her job.

The lawsuit claims that Saint Clare's has discriminated against Clark, and any other employees and prospective employees, by depriving them of "the inestimable privilege to practice their faith."

"A person may think they would have to dive deep into the depths of a history book to find religious discrimination as blatant as an employer announcing that all employees with religious beliefs would be terminated," the lawsuit says.

Along with religious discrimination, Clark is also claiming failure to accommodate under the NJLAD and a violation of Article I of the state constitution — which states that "No person shall be deprived of the inestimable privilege of worshipping Almighty God in a manner agreeable to the dictates of his own conscience.”

State law does require healthcare workers in hospitals, nursing homes, and home health agencies to get a seasonal vaccine against influenza unless they have a medical exemption. Employees who do not do so are required to wear a surgical or procedural mask when they are in direct contact with patients, or be removed from direct patient care during flu season.

The lawsuit demands the hospital to provide certain information about the policy on religious exemptions this year, and about the number of employees who have applied for (and received) medical or religious exemptions in 2022 to 2023, and how many applied for them this year.

The lawsuit is also seeking damages, and an injunction that requires the hospital to comply with the NJLAD regarding religious exemptions and accommodations, as well as demanding a jury trial.

In a statement, Saint Clare's Health said that their vaccine regulations follow "a complex set" of federal, state, and county guidelines, and that they place "the utmost importance on staff and patient safety."

“Saint Clare’s Health has always and will continue to follow state and federal requirements," a spokesperson said. "As this is an active legal matter, there is no further information to provide at this time.”