Despite the Equal Employment Opportunity Commission supporting policies that employers could require “all employees physically entering the workplace to be vaccinated for COVID-19,” at least 117 employees of the company attempted to sue the hospital claiming it violated state policy and made them “human guinea pigs.”
According to the plaintiffs, federal law prohibits employees from being required to get vaccinated without full U.S. Food and Drug Administration approval of the vaccines. While the lawsuit was filed in Texas state court, it was moved to federal court at Houston Methodist’s request. As a result, U.S. District Judge Lynn N. Hughes ruled Saturday that federal law does not prevent employers from issuing that mandate because the law in question did not apply to private employers.
“The hospital’s employees are not participants in a human trial,” Hughes wrote. “They are licensed doctors, nurses, medical technicians, and staff members. The hospital has not applied to test the COVID-19 vaccines on its employees.”
He continued that the mandate was a way to make the environment safer for both employees and patients. “This is not coercion. Methodist is trying to do their business of saving lives without giving them the Covid-19 virus. It is a choice made to keep staff, patients and their families safer.”
Hughes’ ruling addressed each and every one of the plaintiffs’ arguments including the vaccination requirement violating Texas law and a comparison to forced medical experiments in Nazi Germany. “Equating the injection requirement to medical experimentation in concentration camps is reprehensible,” Hughes wrote. “Nazi doctors conducted medical experiments on victims that caused pain, mutilation, permanent disability, and in many cases, death.”
Ultimately Hughes concluded that the plaintiffs “misconstrued” the law and “misrepresented the facts” and “will take nothing” from the hospital. If they had an issue with the policies in place, they should seek employment elsewhere, he wrote.
Upon hearing the ruling, lead plaintiff Jennifer Bridges noted that she would continue to fight her case. “This doesn’t surprise me,” she told USA Today. “Methodist is a very large company, and they are pretty well-protected in a lot of areas. We knew this was going to be a huge fight, and we are prepared to fight it.” Bridges has also started a petition against mandatory vaccinations by employers.
In response to the ruling, attorney and conservative activist Jared Woodfill who represents her and the other 116 plaintiffs said: “We took the position that it shouldn’t be dismissed for a whole host of reasons and we believe that forcing an individual to participate in a vaccine trial is illegal.”
“This is the first battle in a long fight,” Woodfill continued. “There are going to be many battles fought. Not just in this courtroom, but in courtrooms all across the state. There are battles that are going to be fought in the higher courts, the 5th Circuit, the Texas Supreme Court, even the United States Supreme Court. So this is just one battle in a larger war. It’s the first round, if you will.”
Woodfill confirmed that they would appeal to the U.S. Supreme Court “if necessary.”
So despite the judge noting and clearly addressing that they had no case, the plaintiffs refuse to back down.
The employees who were suspended from their roles made up only 1% of the hospital’s total number of employees, according to Houston Methodist CEO Marc Boom. Boom noted that many other hospitals are working on similar initiatives but were only waiting on this case’s verdict to take action. “We can now put this behind us and continue our focus on unparalleled safety, quality, service and innovation,” Boom said after the ruling. “Our employees and physicians made their decisions for our patients, who are always at the center of everything we do.”
According to CBS News, as of this report, nearly 25,000 Houston Methodist employees had been fully vaccinated against COVID-19 and at least two employees who worked in management chose to leave rather than receive the vaccine.