Remember that “arbitrary and capricious” decision in favour of NYC workers? Well the NY State Supreme Court upheld the decision to reinstate with back pay for ten of 16.
The City will no doubt appeal, but the door is also open for a denied class action suit – if it is perfected
From here:
“Ten New York City school teachers fired for refusing the COVID-19 vaccine on religious grounds must be reinstated with back pay, benefits, seniority and attorney fees effective immediately, a New York State Supreme Court judge ruled Wednesday afternoon, in what the plaintiffs’ attorney called a “precedent-setting” victory.”
This has been a long saga:
Which opened with this:
“NY State (NYS) Supreme Court Judge Gerard Neri held that the COVID-19 vaccine mandate for healthcare workers is now “null, void, and of no effect.”
The court held that the NYS Dept. of Health lacked the authority to impose such a mandate as this power is reserved to the state legislature. Furthermore, the court found that the mandate was “arbitrary and capricious” as COVID-19 vaccines do not stop transmission, vitiating any rational basis for a mandate.!”
Looks like clarity is needed on next steps and why two decisions had to be made by the same NY State Supreme Court?
This is an employer abusing its staff, plain and simple.
Back to the CHD article describing yesterday’s decision:
“Nearly 7,000 New York City Department of Education (DOE) workers who sought religious accommodation from the COVID-19 vaccine mandate were denied based on standards that a federal court later ruled unconstitutional.
The suit sought relief for 16 plaintiffs. It also sought class-action certification for all DOE workers who were denied religious exemptions.”
Ten of the 16 went strictly by the book to claim religious exemptions, six – not quite – and the judge denied the class action suit because the “parameters the petitioners submitted for defining the class were overly broad.”
Chapter and verse in the latest CHD article, who are to be commended for fighting the good fight on behalf o millions of Americans.
This may, after all, set a precedent that can be cited everywhere.
The presiding judge was Judge Ralph Porzio.
Onwards!
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Bravo! The truth will eventually prevail !!!