The New York State Supreme Court reinstated all employees who were fired for not being vaccinated The court also ordered backpay for those wrongly fired saying their rights had been violated.
The court found that “being vaccinated does not prevent an individual from contracting or transmitting COVID-19.” New York City fired around 1,400 employees for being unvaccinated earlier this year when the city adopted a vaccine mandate under former Mayor Bill de Blasio.
The lawsuit was filed against the City of New York, the New York City Department of Health and Mental Hygiene, the New York Department of Sanitation, Commissioner of the Department of Health and Mental Hygiene David Chokshi, and New York City Mayor Eric Adams.
Attorney Marina Medvin said:
NY State Supreme Court reinstates all fired unvaccinated employees, orders backpay, says the state violated rights, acted arbitrary & capricious, notes:
“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”
The court said:
“Though vaccination should be encouraged, public employees should not have been terminated for their noncompliance.
“Based upon the Petitioners’ vague denials of their exemptions, the fact they were kept at full duty for several months while their exemptions were pending, the Mayor’s Executive Order granting exemptions to certain classes of people, and the lifting of the private sector mandate, this Court finds the Commissioners Orders of October 20, 2021, and December 13, 2021, as well as the Mayor’s Executive Order No. 62 to be arbitrary and capricious.
“There is nothing in the record to support the rationality of keeping a vaccination mandate for public employees, while vacating the mandate for private sector employees or creating a carveout for certain professions, like athletes, artists, and performers.
“This is clearly an arbitrary and capricious action because we are dealing with identical unvaccinated people being treated differently by the same administrative agency.
“The Court finds that in light of the foregoing, the vaccination mandates for public employees and private employees is arbitrary and capricious.
“There was nothing demonstrated in the record as to why there was a vaccine mandate issued for only public employees in October 2021.
“This Court noted that Covid-29 rates were averaging under 1,500 per day in October 2021, significantly lower than today’s average Covid-19 rates.
“There was nothing demonstrated in the record as to why the private sector mandate was issued months later in December 2021.”
🚨🚨🚨🚨🚨— Marina Medvin 🇺🇸 (@MarinaMedvin) October 25, 2022
NY State Supreme Court reinstates all fired unvaccinated employees, orders backpay, says the state violated rights, acted arbitrary & capricious, notes:“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”https://t.co/nvOsWfa56S pic.twitter.com/WhH4wje2bQ