In Rossi v. Sequoia Union Elementary School District, published August 25, 2023, the Fifth Appellate District affirmed dismissal after demurrer was sustained in this case and in two other related appeals arising out of similar circumstances. During the State of Emergency declared due to COVID-19, the State Public Health Officer issued an order requiring K-12 schools to verify the COVID-19 vaccination status of all school workers. The plaintiff was providing in-person classroom assistance when the order issued. The plaintiff repeatedly refused to disclose her vaccination status or undergo weekly testing. After attempts to accommodate her with at-home employment, the district eventually terminated her employment. The plaintiff sued the school district under the Confidentiality of Medical Information Act, Civil Code section 56 et seq. She alleged causes of action for discrimination due to the plaintiff's refusal to authorize a release of her medical information (Civil Code section 56.20(b)) and for unauthorized use of her medical information, in violation of section 56.20(c). The trial court sustained the district's demurrer without leave to amend.
The appellate court held that the section 56.20(b) claim was properly resolved by demurrer. Section 56.20(b) provides that nothing in the section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee's refusal to sign an authorization permitting a health care provider to release information to others. Where an employer demonstrates that it acted out of a legal necessity to comply with a lawful order, the exception's application can be determined as a matter of law, because it turns on interpretation of the order. Here, there was no room for factual debate on how the district could have complied with the health order's requirements other than directing her to stay home, and terminating her when it was clear she was never going to test. As for the section 56.20(c) cause of action, the trial court properly sustained the demurrer because the plaintiff failed to plead a prima facie case that her medical information was "disclosed." It did not appear she could save her complaint by amendment, so the trial court properly sustained the demurrer without leave to amend.
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