New York City paved the way when mandating the vaccine. Their confidence in the shot was so significant that they were willing to fire healthcare workers who refused to receive their vaccinations, while in the same breath, claiming that hospitals were still overrun with COVID-19 patients.
Approximately 1,700 city employees were fired from their positions after the November 1st, 2021 deadline to receive at least one dose of the COVID-19 vaccine. At the time, a spokesperson for the New York City Law Department claimed that the mandate was “firmly grounded in law and is critical to New Yorkers’ public health.”
The court order explained the strenuous process for obtaining a vaccination exemption for workers, and acknowledged that most requests were denied under “vague” pretenses. Judge Porzio, who wrote the decision, said city employees should have been given the opportunity to continue undergoing weekly or daily COVID-19 testing under the circumstances, and decided there was not sufficient reason to fire workers.
“The Court finds that . . . 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 vaccination mandate issued for only public employees in October 2021. This Court notes that Covid-19 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.”
Supreme Court of the State of New York — Decision
The court’s decision stipulates that all employees fired must not only be reinstated, but also receive back pay for the financial loss suffered.
“In a City with a nearly 80% vaccination rate, we shouldn’t be penalizing the people who showed up to work, at great risk to themselves and their families, while we were locked down.”
Supreme Court of the State of New York — Decision
Furthermore in the ruling Justice Porzio wrote, “The vaccination mandate for City employees was not just about safety and public health; it was about compliance.”
We knew a ruling like this would be soon coming, the vast majority of Americans lost their livelihoods during the COVID-19 lockdowns. Front-line workers were fired after risking their lives to save total strangers, they were abandoned by the city that previously referred to them as “heroes.” Finally, the workers will receive some form of justice for all the the hardships they endeavored.
