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NEW YORK CITY NYC teachers win jobs back with backpay after refusing COVID-19 vaccine
Fox ^ | 9/8/23 | Chris Pandolfo

Posted on 09/08/2023 11:16:04 AM PDT by CFW

A New York judge said Wednesday that 10 employees fired by the New York City Department of Education for refusing the COVID-19 vaccine must be reinstated with back pay.

In a major victory for vaccine mandate opponents, State Supreme Court Judge Ralph J. Porzio held that the city's denials of religious accommodation to certain employees were unlawful, arbitrary and capricious. The case, DiCapua v. City of New York, concerned school principals, teachers and other educators who sued after city officials rejected their claims for a religious exemption to the vaccine mandate.

"This Court sees no rational basis for not allowing unvaccinated classroom teachers in amongst an admitted population of primarily unvaccinated students," Porzio wrote in a 22-page opinion. "As such, the decision to summarily deny the classroom teachers amongst the Panel Petitioners based on an undue hardship, without any further evidence of individualized analysis, is arbitrary, capricious, and unreasonable. As such, each classroom teacher amongst the Panel Petitioners is entitled to a religious exemption from the Vaccine Mandate."

[snip]

"Today’s ruling is bittersweet," said Michael Kane, a New York teacher who lost his job after refusing the COVID-19 vaccine. "While it’s an important step in the right direction, justice for only 10 of us doesn’t even scratch the surface of the injustice suffered by NYC workers as a result of this illegal mandate."

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; US: New York
KEYWORDS: exemptions; ny; teachers; vaccine
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More and more of these types court awards are being made.

Meanwhile, the left plans to do the same again. What is a few million or so of tax-payers dollars when there is an election coming up in 14 months. Narrative, narrative! They have to push the narrative in order to impose vote by mail only next fall!

1 posted on 09/08/2023 11:16:04 AM PDT by CFW
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To: CFW

Glorious....another blow to NY chitty and their pocketbook- though i am surprised it was just 10 teachers.

There were thousands of nurses, police, fireman, etc who lost their jobs and livelihoods statewide because the the dbags who run this state- i hope they all get their jobs back with back pay.


2 posted on 09/08/2023 11:19:13 AM PDT by God luvs America (63.5 million pay no income tax and vote for DemoKrats...)
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To: CFW

Good, nice to see these cases going in favor of the people fired. The ones who quit to avoid being fired, lose out, they should’ve had the backbone to force the organizations to fire them, they would be getting backpay now as well.


3 posted on 09/08/2023 11:22:31 AM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected. No Baggage, No Drama.)
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To: CFW

Good on the plantiffs for their win over doing the right thing. It’s too bad that these decisions can’t be used as “precedents” to prevent this sort of crap from happening again. Or could they?


4 posted on 09/08/2023 11:33:01 AM PDT by mikey_hates_everything
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To: CFW

how about police, military, anyone...who lost their job...


5 posted on 09/08/2023 11:35:35 AM PDT by Sacajaweau ( )
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To: CFW

And New York’s budget deficit just got larger. Hahaha!

Screw em. Let em go belly up.


6 posted on 09/08/2023 11:35:43 AM PDT by Nathan _in_Arkansas (Hoist the black flag and begin slitting throats. )
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To: mikey_hates_everything
Good on the plantiffs for their win over doing the right thing. It’s too bad that these decisions can’t be used as “precedents” to prevent this sort of crap from happening again. Or could they?

I certainly think they would be!

7 posted on 09/08/2023 11:37:41 AM PDT by gloryblaze
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To: CFW

The religious exemption is not enough. It is apparent from the data alone that declining the vaccination is a logical choice.


8 posted on 09/08/2023 11:38:15 AM PDT by glorgau
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To: CFW

I like NYC where they said you could visit a saloon as long as you ordered food. And Cuomo...being the god he WAS...declared that chicken wings did not qualify...even though millions have wings for dinner across the continent...including in my house.


9 posted on 09/08/2023 11:38:49 AM PDT by Sacajaweau ( )
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To: Nathan _in_Arkansas
And New York’s budget deficit just got larger. Hahaha!...

Mayor Adams out blaming President Trump in 3, 2, ...

10 posted on 09/08/2023 11:40:01 AM PDT by gloryblaze
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To: God luvs America

There were thousands of nurses, police, fireman, etc who lost their jobs and livelihoods statewide because the the dbags who run this state- i hope they all get their jobs back with back pay.

.........
Me too.


11 posted on 09/08/2023 11:41:23 AM PDT by toddausauras (Trump Lake 2024....Go down swinging!)
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To: mikey_hates_everything

I believe there was a new law...about seniors in homes...and never again will their children be denied access.


12 posted on 09/08/2023 11:42:13 AM PDT by Sacajaweau ( )
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To: Nathan _in_Arkansas

Between all the illegals there and continuing to grow, people leaving for good and the tax base crumbling, and being sued successfully for their communist ways on the kovid krap you have a circular firing squad.

And for that we rejoice as the commies brought it on themselves.


13 posted on 09/08/2023 11:43:58 AM PDT by quantim (Victory is not relative, it is absolute. )
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To: CFW

As more and more of these victory’s for fired employees pile up, many companies are looking a financial ruin when it’s their turn. They’d better start getting ahead of it, and settling with their formers employees now.

Me, I’d tell them, “Get F’d, See you in court.”

But quite frankly, they disserve to be ruined.

But thankfully, my company never went further that a survey asking if you were vaccinated, which I refused to respond to. Still shows up as an incomplete assignment in my assigned tasks from HR.


14 posted on 09/08/2023 11:54:04 AM PDT by Jotmo (Whoever said, "The pen is mightier than the sword." has clearly never been stabbed to death.)
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To: CFW

I’d like to see the court compel the school or business to show evidence to prove the vaccine works and is safe.


15 posted on 09/08/2023 11:54:38 AM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper)
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To: \/\/ayne

They can’t even isolate the virus. After all this time.


16 posted on 09/08/2023 12:26:28 PM PDT by Cowgirl of Justice
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To: Nathan _in_Arkansas

Yuk it up.

States are prohibited from declaring bankruptcy.

So guess who’ll be on the hook to provide for Deep State’s protected classes.


17 posted on 09/08/2023 12:28:39 PM PDT by mewzilla (Never give up; never surrender!)
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To: CFW

These teachers ought to sue for a refund of their lifetime union dues, too. Their own union leaders hung them out to dry.


18 posted on 09/08/2023 12:52:43 PM PDT by Alberta's Child (“Freedom is just another word for nothing left to lose.”)
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To: glorgau

The religious exemption angle brings extra leverage because the employer faces serious exposure on civil rights charges. This was a New York State civil case. The next step for these ten teachers should be the Federal courts. In a civil rights lawsuit they can recover punitive damages and their legal fees from the defendant.


19 posted on 09/08/2023 12:55:50 PM PDT by Alberta's Child (“Freedom is just another word for nothing left to lose.”)
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To: Jotmo

I’m convinced that most of these mandates weee designed to cover the employer’s ass … and the employers were either perfectly OK with people ignoring them, or gave out medical and religious exemptions to anyone who asked.


20 posted on 09/08/2023 12:58:05 PM PDT by Alberta's Child (“Freedom is just another word for nothing left to lose.”)
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