Baystate Medical Center is facing a lawsuit in federal court for allegedly discriminating against a Christian former employee who refused to get a flu shot.
SPRINGFIELD -- Baystate Medical Center is facing a lawsuit in federal court for allegedly discriminating against a Christian former employee who refused to get a flu shot.
The Equal Employment Opportunity Commission filed suit in US District Court in Springfield this week against the Springfield-based health care system. Baystate "should have given her an accommodation that respected her religious beliefs," said Sara Smolik, an attorney with the Equal Employment Opportunity Commission.
Last fall, Baystate mandated all employees receive an annual flu vaccination, a common requirement of health care workers.
Stephanie Clarke, a recruiter in the medical center's human resources department since late 2014, declined to get the flu shot, citing her religious beliefs. Believing that "her body is a temple," Clarke does not take medication or get vaccines, according to the lawsuit.
What denomination of Christianity Clarke identifies as was not stated in the lawsuit.
She began wearing a surgical mask at work, as is required of those that request an exception to the vaccine requirement, but would remove it when it muffled her voice while speaking to job applicants, the complaint states.
Employees who refuse the vaccine and do not wear the mask at all times are in violation of Baystate's influenza immunization policy and are subject to being placed on unpaid leave, according to the complaint.
Finding her job difficult while wearing the mask, Clarke says she asked Baystate to find her an alternative position within the company. The EEOC complaint alleges she was then placed on indefinite, unpaid leave in November and terminated a month later.
"Employees have the right to oppose conduct they reasonably believe violates the law, without fear of retaliation," Kevin Berry, New York district director for the Equal Employment Opportunity Commission said in a statement. "A decision to end the employment relationship - either through termination or forced resignation - because the employee has complained about religious discrimination runs afoul of the statute's clear requirements."
The federal agency filed suit Thursday after first attempting to mediate a settlement with Baystate. The EEOC now seeks back pay, compensatory and punitive damages, and injunctive relief for "emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights," according to the suit.
No set amount is sought in damages. "We seek a jury to determine damages," Smolik said.
"Our patients' safety is our highest priority, so we take all reasonable steps to minimize any risk of transmission of infectious illness such as flu," Baystate spokesman Benjamin Craft said in a statement. "That includes a requirement to be vaccinated against flu or wear a mask at all our facilities during flu season."
Baystate does not comment specifically on pending litigation.
Read the full complaint below.