Kaiser Permanente Sued After Instituiting Vaccine Requirement

On Thursday a case was filed in the Northern District of California by the United KP Freedom Alliance, an unincorporated association, and a set of individuals against Kaiser Permanente. The case is regarding the employer vaccine mandate, claiming that the grounds for the mandate are against public policy.

As noted by the plaintiffs, medical experts including virologists, epidemiologists, public health scholars and statisticians have been instrumental in suggesting policies to counteract the spread of coronavirus. Kaiser Permanente has been involved with this scientific process, and the plaintiffs note the heavy participation of Kaiser Permanente employees in committees involved in the recommendations and policy-making process.

The plaintiffs dispute the necessity of employer mandated vaccination, arguing that the virus has a high survival rate, patients receive natural immunity, and that the vaccine is less effective against the currently dominant Delta variant. The plaintiffs also questioned the effectiveness of the vaccines broadly, claiming that the virus is still transmissible through vaccinated people; they claim that, absent actual immunity, legal authority cannot support a vaccine mandate.

The plaintiffs also indicate that they believe the employer mandate is motivated by the involvement of Kaiser employees in the policy making process.

The plaintiffs are suing for injunctive relief from the employer mandate under theories of due process, equal protection, violations of religious liberty, invasion of privacy, breach of medical data, intentional infliction of emotional distress, and violation of the ADA. Plaintiffs are represented by JW Howard Attorneys.