The former Lourdes Medical Center employee was fired in 2013 after refusing the hospital's new policy.
CAMDEN -- An appellate court this week supported the dismissal of an argument by a former employee of Our Lady of Lourdes Medical Center alleging she was discriminated against when she was fired for failing to get a flu shot.
Yvonne Lombardo Brown worked as a community health educator until she was fired in 2013. The medical center's flu shot policy exempts only employees who have a documented medical condition or religious beliefs "supported by documentation from clergy," according to the decision, released Monday.
Brown, who alleges she had a bad reaction to a flu shot in 1998, tried in vain to get a medical exemption.
"Fearing for her health and relying on the recommendation of" her doctor, according to her suit, she refused the vaccination and was suspended and then fired.
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She filed a lawsuit against Lourdes and its chief medical officer, Dr. Alan Pope, arguing that they had violated the state's Law Against Discrimination by failing to provide a medical accommodation and firing her for exercising her rights.
She later tried to argue that it also violated the part of the law regarding religious discrimination, but the lower court judge refused to allow her to make the amendment to her complaint because she did not claim "a sincerely held religious belief."
Brown had argued that the policy still violated the part of the law by denying her the same exemptions that co-workers could claim due to religious beliefs.
"By preferring the religious over the non-religious, the defendants discriminated against the plaintiff," the suit alleged.
Superior Court Judge Anthony M. Pugliese refused to let her make the religious discrimination argument in 2015 -- the decision the appellate court supported Monday.
Shortly after, the medical center asked for summary judgement, and Pugliese dismissed the suit.
Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.