Fired Kaiser employee who refused COVID-19 vaccination alleges religious discrimination

A former employee of Kaiser Permanente Santa Rosa Medical Center contends she was subjected to religious discrimination 18 months ago when she was fired because she refused to obtain the COVID-19 vaccination.

In a lawsuit filed May 15 in Sonoma County Superior Court, Diane Turner says she was terminated in December 2021 after working at the Bicentennial Way hospital for about 21 years.

She also alleges retaliation and a failure to prevent discrimination and harassment. Turner is seeking unspecified damages.

The licensed nurse last worked as a patient transportation aide. She hasn’t found employment in health care, said her attorney, Alan Reinach, with the Church State Council in Westlake Village, California.

A representative from Kaiser Permanente said the Oakland-based care provider could not comment on pending litigation.

Turner’s termination date lines up with Kaiser’s announcement in October 2021 that 2,200 employees were placed on unpaid leave and faced termination because they chose not to be vaccinated.

The health care provider’s representative would not comment on how many employees of the Santa Rosa hospital are currently vaccinated.

Reinach said his client’s lawsuit could have been avoided if Kaiser had better addressed staff concerns about the vaccinations and understood Turner had a legitimate concern based on deeply held religious beliefs.

“The problem is, it was all done through online, impersonal back-and-forths with no opportunity to actually have a conversation with an individual,” he said.

Turner, who resides in Inverness, identifies as Christian, according to Reinach, who said his client was primarily concerned because the vaccines included fetal cells or tissues.

During the initial vaccine rollout, this was a common concern among those who linked vaccinations to abortions. Health experts maintained fetal cell lines, which derive from decades-old cells, were used in early development.

Around the time vaccinations were introduced in 2021, the Equal Employment Opportunity Commission in Washington D.C. received more than 2,700 complaints, or charges, alleging discrimination related to the vaccines.

“Many of these charges are saying ‘I’m being discriminated against because of my religious beliefs, and it just happens to involve a vaccine,” said Victor Chen, an EEOC spokesperson.

Data was collected nationwide, however, data specific to California weren’t immediately available.

California Gov. Gavin Newsom mandated on July 26, 2021 that state employees and health care workers be vaccinated or submit to weekly testing. Days later, on Aug. 5, the California Department of Public Health required health care workers who refused to be vaccinated to obtain a medical or religious exemption by Sept. 30.

According to Turner’s 16-page complaint, Kaiser granted her an exemption to its vaccination mandates in September. But, in October, it requested the matter be readdressed.

Turner’s lawsuit alleges Kaiser claimed it received 25,000 requests for religious exemption from the vaccination mandate and “became suspicious” of their validity.

“Initially, they just granted all the (requests),” Reinach said. “Then they were scrambling, ostensibly concerned there were a lot of people objecting to the vaccine for various reasons other than religion.”

Turner responded to Kaiser’s second request for information.

On Nov. 30, 2021, she was advised her exemption request was denied because it did not show it was based on a “sincerely held religious belief, observance or practice that prevents her form receiving vaccinations,” according to the complaint.

Turner, however, argues that Kaiser “lacked an objective basis to question the sincerity of Turner’s belief” and provided no means to appeal the decision or discuss the matter.

She spent the next two months communicating with supervisors, human resource officials and union representatives.

The complaint concludes: “Despite Turner’s best efforts, she was unable to ascertain whether there was anyone at the Santa Rosa Medical Center, where she worked, who was authorized to screen religious accommodation requests, or even to assist those needing help in submitting their requests.”

You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com. On Twitter @colin_atagi.