Judge rules NYC teachers who declined COVID vaccine must be reinstated with back pay.
A Victory for Teachers: New York Judge Rules in Favor of Fired Educators
A group of teachers in New York City who were fired after they refused to take the COVID vaccine have won a significant legal battle. State Supreme Court Judge Ralph Porzio ruled that their termination was unlawful, arbitrary, and capricious, ordering that they be reinstated with back pay.
“This Court sees no rational basis for not allowing unvaccinated classroom teachers in amongst an admitted population of primarily unvaccinated students,” Porzio wrote in his 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,” the judge wrote.
The group, which includes school principals, teachers, and other educators, took legal action against the city after their dismissal. The court’s ruling not only guarantees their reinstatement but also entitles them to back pay in salaries, benefits, pensions, and seniority.
While the judge’s decision only applies to the 10 educators who filed the lawsuit, it highlights the broader issue of thousands of education workers who lost their jobs due to the vaccine mandate.
Challenges and Denials
The petitioners had hoped to turn their lawsuit into a class action suit, but the judge denied that request. Additionally, seven other petitioners who sought exemptions and reinstatement with back pay were also denied. Among them was a group called Teachers for Choice, which opposes forced vaccination.
“Although the petitioners’ overall position is that the citywide panel did not provide relief to the vast majority of initial DOE applicants, and specifically that these petitioners did seek that review, the record before this court is insufficient to make any determination as to those claims,” Porzio wrote in his ruling.
The city had argued that granting reasonable accommodation to unvaccinated teachers would pose a risk to the vulnerable and primarily unvaccinated student population. However, the judge cited New York City Mayor Eric Adams’ decision to scrap the vaccine mandate for athletes and entertainers as evidence that the mandate for public school teachers was arbitrary and unreasonable.
This is not the first time Judge Porzio has ruled in favor of individuals refusing the COVID vaccine. Last year, he sided with a Staten Island firefighter who was fired for the same reason, stating that being vaccinated does not guarantee immunity from contracting or transmitting the virus.
A Broader Context
The New York City vaccine mandate for public school workers ended on February 10, following its implementation on October 1, 2021. However, the issue of vaccine mandates has been a contentious one across the country. Many employers, both public and private, have enforced vaccine mandates, often denying requests for religious or health exemptions.
The Biden administration also faced legal challenges when it attempted to require employers with at least 100 employees to implement vaccine mandates. The Supreme Court ultimately blocked this mandate, following lawsuits from various parties, including The Daily Wire.
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