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 ...
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!
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.
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.
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?
how about police, military, anyone...who lost their job...
And New York’s budget deficit just got larger. Hahaha!
Screw em. Let em go belly up.
I certainly think they would be!
The religious exemption is not enough. It is apparent from the data alone that declining the vaccination is a logical choice.
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.
Mayor Adams out blaming President Trump in 3, 2, ...
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.
I believe there was a new law...about seniors in homes...and never again will their children be denied access.
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.
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.
I’d like to see the court compel the school or business to show evidence to prove the vaccine works and is safe.
They can’t even isolate the virus. After all this time.
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.
These teachers ought to sue for a refund of their lifetime union dues, too. Their own union leaders hung them out to dry.
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.
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.
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