CHARLESTON — A woman is suing Thomas Health System whose employment offer has been put in jeopardy because she isn’t able to be vaccinated against COVID-19.
Darrah Foster was interviewed on Feb. 11 and was told the hiring process would begin with a recommendation for hire, according to a complaint filed in Kanawha Circuit Court.
Foster claims on Feb. 17, a Thomas Health representative in the human resources department called her and confirmed an offer of employment. During the call, she was advised of benefits and her rate of pay.
The HR representative then asked Foster if she was vaccinated against COVID-19, and she said she was not due to a documented medical exemption, according to the suit.
She claims once she informed the representative of this, she was told the defendant did not accept exemptions and that she could not be hired for the position because she was not vaccinated against COVID-19.
“No offer of accommodation or discussion of Plaintiff’s legal rights occurred despite an offer of employment having already been made,” the complaint states.
Foster claims she left messages with the defendant’s representatives, including HR personnel regarding this but did not receive any response.
On May 19, she finally spoke with Aaron Alexander, who is the vice president of Thomas Health System, and was told that the healthcare facility did, in fact, accept exemptions and that HR would get back to her to begin the vaccine exemption process, according to the suit.
Foster claims she received two emails from HR, including the exemption form, which she completed and delivered in person and emailed.
On June 1, Thomas Health’s HR sent the plaintiff an email regarding a possible vaccine option and she contacted her physician, who advised the defendant that she was not a candidate for the optional vaccine, according to the suit.
Foster claims on June 14, she received an email that her medical exemption was conditionally approved with an ongoing review, but she has heard nothing since then regarding being hired.
“The Plaintiff in no way is an ‘anti-vaxxer,’” the complaint states. “She inquired into the possibility of obtaining the COVID-19 vaccine, but was told by her Thomas Health affiliated physicians that she should not receive it.”
Foster claims the defendant was negligent and violated the West Virginia Human Rights Act. She claims she finally gave up on being employed by the defendant and took another job for less pay.
Foster is seeking compensatory and punitive damages. She is represented by J.B. Akers of Akers Law Office in Charleston.
The case originally was assigned to Circuit Judge Maryclaire Akers but later was assigned to Circuit Judge Duke Bloom.
The defendants have filed an answer to the complaint, but Bloom does not grant online access to cases assigned to him.
Kanawha Circuit Court case number: 22-C-589
