Employees Get Their Job Back as Court Rules Against Strict Vaccine Mandate

By NATE GARTRELL On Oct 30, 2021

As reported by the Associated Press, Louisiana’s largest health system doesn’t have the authority anymore to fire or discipline employees who ignore the COVID-19 vaccination requirement until the legality of a case has been resolved.

This was confirmed on Friday when all 32,000 Ochsner Health employees in Mississippi and some parts of Mississippi were expected to receive vaccinations or lose their jobs.

As of Thursday, Shreveport’s 2nd Circuit Court of Appeals issued the ruling.

A lawsuit had initially been filed October 5 by dozens of Ochsner employees in Shreveport who were thrown out by State District Judge Craig Marcotte.

A three-judge panel, however, ordered the mandate to be heard and has barred its enforcement pending a determination of its legality.

On the day after the lawsuit was filed, Chuck Daigle, the CEO of Ochsner LSU Health, said that the system remains “firmly behind the science and data that demonstrate the safety and efficacy of COVID-19 vaccination.”

“We know that COVID-19 vaccination dramatically reduces transmission, the severity of symptoms, hospitalizations, and death,” Daigle said.

According to a news release earlier this month, Jimmy Faircloth, a lawyer representing some Ochsner employees asserted that the vaccine mandate is an “unlawful forced choice.”

“Every day we receive more calls and emails from employees around the state who are being forced to decide between taking the medicine they do not want and feeding their families,” Faircloth said.

Ochsner did not immediately respond to a comment request Friday morning.

Faircloth says the ruling will send a signal to businesses statewide that vaccine mandates are probably illegal, even though the 2nd Circuit’s rulings don’t affect district courts outside north Louisiana.

This is due to the fact that interim restraining orders can only be used when they are requested by people on the basis of having a sufficient opportunity of gaining a victory, he explained.

Yet, on Wednesday, the 3rd Circuit Court of Appeal, which encompasses 21 southwest and central parishes, dismissed a petition for a comparable order and lawsuit reinstatement against Ochsner Lafayette General Health.

“We find no error in the trial court’s ruling,” the 3rd Circuit panel penned down.

Speaking with the Louisiana Supreme Court, Faircloth disclosed that he requested the court to reverse District Judge Thomas Frederick’s dismissal of that case.

The Lawsuits contended that citizens have the right to determine what type of medical treatment to have according to Louisiana’s constitution and laws.

“It is unlawful for an employer to threaten to fire an employee for exercising a legal right, or to require an employee to forego the exercise of a legal right as a condition of employment,” the Shreveport lawsuit states.