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Friday, December 31, 2021

Not Immune to Termination

Something to do while
the case progresses?
From the OC Register

UC system fires physician who challenged COVID-19 vaccine mandate in lawsuit

Scott Schwebke, December 30, 2021

A UC Irvine School of Medicine physician who filed a federal lawsuit claiming a natural immunity exemption to the university’s COVID-19 vaccine mandate has been fired for refusing the vaccine. Dr. Aaron Kheriaty, a professor of psychiatry and human behavior at the medical school and director of the medical ethics program at UCI Health, revealed in a blistering blog post he was terminated Dec. 16 after nearly 15 years at the university.

Officials with UCI declined to discuss Kheriaty’s firing and UC system officials did not respond to requests for comment.

Lawsuit dismissed

Kheriaty, 45, filed a lawsuit in August in U.S. District Court against the University of California Board of Regents and Michael V. Drake, the system’s president, to block the vaccine mandate and seeking a return to work unvaccinated. He also requested the court declare the mandate unconstitutional. “This policy is illogical and cannot withstand strict scrutiny or even a rational basis test because naturally immune individuals, like plaintiff, have at least as good or better immunity to the virus that causes COVID-19 than do individuals who are vaccinated,” the lawsuit states.

U.S. District Court Judge James V. Selna ruled against Kheriaty on Dec. 8, stating the UC system vaccine mandate is “rationally related” to stemming the spread of COVID-19. Kheriaty has appealed the ruling to the U.S. Court of Appeals for the Ninth Circuit. “There are some legal questions the court needs to answer about the limits of mandates during public health emergencies,” said Kheriaty, who remains optimistic he might yet win his court case...

In an interview Thursday, Dec. 30, Kheriaty said he doesn’t oppose the COVID-19 vaccine, but believes individuals should have the right to decide whether to receive it.

The UC system adopted a policy in July requiring, with few exceptions, all students, faculty and staff to be vaccinated against the coronavirus before they are allowed on campus, in a facility or an office. Individuals are required to show proof of vaccination.

“Employees who choose not to be vaccinated, and have no approved exemption, accommodation or deferral, potentially put others’ health at risk and may face disciplinary actions,” the policy states...

Full story at https://www.ocregister.com/2021/12/30/uc-system-fires-physician-who-challenged-covid-19-vaccine-mandate-in-lawsuit/amp/.

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