Posted on 09/13/2023 10:11:05 AM PDT by george76
State Supreme Court Judge Ralph J. Porzio ruled Wednesday — the day before school started in New York City — that 10 employees fired by the New York City Department of Education for refusing the Covid vaccine must be reinstated and provided back pay, holding that denials of religious accommodation to the plaintiffs were unlawful, arbitrary and capricious
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“This victory is a watershed moment in the teachers’ two-year fight for relief,” said Sujata Gibson, lead attorney in the two cases. “The Court’s decision not only grants relief to these ten teachers, but it also sets important precedent for all other teachers denied religious accommodation.”
The Court rejected the City’s claim of “undue hardship” as unsupported in the record and irrational, particularly since “being vaccinated does not prevent an individual from contracting or transmitting COVID-19”.
Though the Court granted relief for the majority of plaintiffs, it denied petitioners who had not initially applied under the DOE’s original religious accommodation policy, which the Second Circuit struck down in 2021 as unconstitutional.
“The Court agreed that employees were not required to submit applications through the prior unlawful process but still declined to award relief to those plaintiffs on the grounds that there were contested issues of fact as to whether these plaintiffs submitted applications under the new process,” said Gibson. “This is an error, and we will be making a motion to reargue on their behalf.”
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Gibson. “The court’s ruling in the class certification still leaves the door open to future relief for thousands of teachers negatively affected by the vaccine requirement. We intend to file a motion of reconsideration on a narrower basis. Rather than waste public resources clogging the courts with so many individual lawsuits, legal action that will remedy these discriminatory policies for all impacted workers only makes sense.”
The COVID-19 vaccine mandate for all New York City DOE workers was in effect from Oct. 1, 2021 through Feb. 10, 2023, during which time thousands of teachers and other personnel were terminated for not complying with the requirement.
“Today’s ruling is bittersweet,” said New York teacher Michael Kane, who lost his job after refusing to get a COVID-19 shot. “While it’s an important step in the right direction, justice for only ten of us doesn’t even scratch the surface of the injustice suffered by NYC workers as a result of this illegal mandate.”
Yea!
Keep pushing back against the tyranny.
That is great, but I expect them to now have a very hostile work environment.
“That is great, but I expect them to now have a very hostile work environment”
Watching their coworkers succumb to the death vax would be worth it.
very hostile work environment.
Oh, it will be fine once all of the Karens and Karenettes start wearing zer masks, no one will see any sneers.
I said from day one that folks should force companies and organizations to fire them so they would have recourse. We are not seeing that over and over again—rehired, backpay, legal costs, etc. The people that wimped out and quit, get nothing, no recourse, no satisfaction, no justice.
They will probably quit on day one when they see their class.
Now, not not.
This does not particularly advance the cause of liberty if the refusal has to be ‘on religious grounds’.
When will one of these cases be decided on the grounds of ‘I did my own research on the issue and decided that the shot was dangerous and unnecessary’?
Let’s be clear. They were fired for executing critical thinking.
Thankfully none of the students caught on, that would have been a travesty against the state groupthink.
We are getting quite a few little bits of good news lately. The academic fraudster who started all the ‘systemic racism’ madness as well as a couple of others lost their cushy jobs. Dad defending raped daughter acquitted. School boards and teachers pushing porn on kids exposed. Maybe, just maybe, we are creeping over the top and fixing to head down the other side.
Just say “No to the Covid/Flu Mandaters at all levels!:
Cutting through the Mist of the Managerial State!
JOHN CARTER NOVEMBER 18, 2023
Use disobedience to claw back whatever personal agency and responsibility, you can in your own life, train yourself not to take these people seriously, encourage others to do the same!
If enough people do this, eventually it will become so prohibitively expensive to manage the population that the strangling vines of this parasitic organism we call the managerial state can be hacked back to something manageable.
https://brownstone.org/articles/cutting-through-the-mist-of-the-managerial-state/
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