Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Appeals Court Rules on Employer’s Ability to Require Flu Shot

Author: Scarinci Hollenbeck, LLC

Date: June 16, 2014

Key Contacts

Back

After suffering through one of the worst flu seasons in several years, New Jersey employers understandably want to take every step possible to keep their workers healthy. However, to avoid legal risks, businesses should generally encourage vaccination rather than require it.

Courts have traditionally held that if employees’ religious beliefs prevent them from taking vaccines and other medications, they cannot be terminated for refusing the flu shot. In a recent decision, a New Jersey appeals court ruled that an employer’s failure to also accept secular, non-religious reasons for refusing vaccination ran afoul of the First Amendment.

The Facts of the Case

The plaintiff, June G. Valent, worked as a registered nurse at Hackettstown Community Hospital (HCH). In September 2010, Adventist Health Care, Inc., the corporate owners of HCH, issued a policy in its “Corporate Policy Manual” titled “Health Care Worker Flu Prevention Plan.” It required employees to be vaccinated “unless there [was] a documented medical or religious exemption.”

Valent refused to be vaccinated for the flu. In communicating her refusal, Valent did not seek an exemption based on medical or religious reasons. She did agree, however, to wear a mask during flu season, as specifically authorized by the employer’s flu policy. Nonetheless, HCH terminated her employment.

After she was denied unemployment compensation benefits on the basis of work misconduct, Valent appealed. The Department of Labor’s Board of Review upheld the decision after concluding that “the employer’s policy requiring employees to be vaccinated was not unreasonable.”

The Court’s Decision

The Appellate Division of the New Jersey Superior Court disagreed. It concluded that the employer did not prove Valent committed misconduct by refusing to submit to the flu vaccination policy for purely secular reasons. It further held that the hospital violated the First Amendment by “discriminat[ing] against an employee’s right to refuse to be vaccinated based only on secular reasons.”

“The Board’s decision upholding appellant’s termination unconstitutionally discriminated against her freedom of expression by improperly endorsing the employer’s religion-based exemption to the flu vaccination policy and rejecting the secular choice proffered by appellant,” the appeals court explained.

The upshot: employees can now refuse to abide by what otherwise appears to be a logical and appropriate employment directive and requirement for any reason!  While there is consistent logic to the court’s opinion, where can a reasonable line be drawn? Is it reasonable for an employee to expose patients with possibly compromised immune systems to the perils of flu just because the employee doesn’t believe in having a flu shot (whatever the reason may be)?  What do you think: is Justice truly blind (or even worse)?

The case is Valent v. Board of Review.

If you have any questions about this case or would like to discuss your company’s vaccination policies, please contact me or the Scarinci Hollenbeck Labor and Employment attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Why Compliance Monitoring Matters for NY and NJ Businesses post image

Why Compliance Monitoring Matters for NY and NJ Businesses

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]

Author: Dan Brecher

Link to post with title - "Why Compliance Monitoring Matters for NY and NJ Businesses"
When Are New Jersey Business Owners Personally Liable for Corporate Debt? post image

When Are New Jersey Business Owners Personally Liable for Corporate Debt?

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]

Author: Charles H. Friedrich

Link to post with title - "When Are New Jersey Business Owners Personally Liable for Corporate Debt?"
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!