The Third Circuit Court of Appeals in Pennsylvania has overturned a lower court's decision to dismiss a nurse's lawsuit against Mount Nittany Medical Center for discriminating against her when she supplied a doctor's exemption to a mandatory tetanus, diphtheria, and pertussis vaccine as a condition for continued employment, but was nevertheless terminated from employment for refusing to receive the vaccine. The Equal Employment Opportunity Commission (“EEOC”) also appeared as amicus in the Third Circuit Court in support of Nurse Ruggiero and her claim for discrimination. The case will now go back to District Court in Pennsylvania, where Nurse Ruggiero will attempt to sue and collect damages for a wrongful termination of employment based on refusing a mandatory vaccine for medical reasons.

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