Los Angeles County is seeking dismissal of a lawsuit filed by one of its nurses who alleges that the 16 months it took for her to get a religious exemption to the coronavirus vaccination has impacted her financially and emotionally.
Sylvia Salas’ Los Angeles Superior Court lawsuit alleges religious discrimination, retaliation and failure to prevent discrimination and retaliation. In court papers filed Wednesday with Judge Michael Small in advance of a Dec. 2 hearing, county attorneys call Salas’ suit “baseless” and “ripe” for dismissal.
In August 2021 the state Department of Public Health mandated that all healthcare workers be vaccinated against COVID-19 by Sept. 30 of that year unless they qualified for a medical or religious exemption.
“After engaging in the interactive process with plaintiff, the county ultimately granted Plaintiff’s religious exemption request by transferring her to a public health nurse role in the Child Medical Services department, which allowed her to remain working while not having to interact with patients, so as to ensure their safety,” the county lawyers state in their court papers.
Salas’ job title did not change and she kept the same pay and benefits,” according to the county attorneys’ pleadings.
“Eventually, after the sunsetting of the county and plaintiff’s department’s COVID-19 vaccination policies, the county transferred plaintiff back to her original public health nurse role and promoted her to a supervisor position,” the county attorneys further state in their court papers.
According to her lawsuit, Salas has worked for the county at various times dating back to 1990, has been a registered nurse since 1994 and holds a master’s degree in nursing. In 2020-21, Salas worked as a public health nurse in the North Hollywood region, where she interacted often with patients, the suit states.
However, Salas was involuntarily transferred to the Department of Public Health’s Children’s Medical Services office in El Monte, where her patient involvement dropped significantly, the suit states. In August 2021, she sought a religious exemption from the county’s mandatory coronavirus vaccination policy, but she did not receive the release until December 2022, according to her suit.
“The county … purposely delayed as a means of opposition to either delay or never give plaintiff such an exemption,” the suit alleges.
Salas only received the exemption after constantly requesting it, according to the suit, which further states that the county had resisted talking with her in order to not accommodate her religious beliefs. While awaiting the county’s decision, Salas, who makes $172,500 annually, was denied numerous work opportunities, including promotion, transfer and overtime opportunities, the suit states.
When Salas answered “no” to a county doctor’s inquiry about her vaccination status, the physician responded, “Well, I guess I’ll be seeing you in the ICU,” the suit states.
Salas tested positive for COVID-19 in July 2020, recovered, was found to have developed antibodies that gave her immunity to the disease, according to the suit.
Salas, who underwent weekly testing, also was excluded from a county holiday party in December 2021 even though it was held outside, the suit states.
Salas’ assignment at the time she filed her lawsuit involved management of children with disabilities, reviewing medical records and assessing medical coverage, even though her passion in nursing has always focused on patient interactions, teaching and advocacy, the suit states.