BART to pay millions for firing employees who refused COVID vaccine

BART to pay millions for firing employees who refused COVID vaccine

(KRON) — Six former San Francisco Bay Area Rapid Transit District employees who were fired for refusing to receive COVID-19 vaccinations during the pandemic will be paid more than $1 million each.

The $7.8-million payout was granted this week by federal jurors who deliberated over an employment discrimination lawsuit.

Employees named as plaintiffs in the suit lost their jobs because of a COVID vaccine mandate imposed by the transit agency at the height of the pandemic. Following a trial, the jury’s verdict sided with terminated employees.

BART is a heavy rail public transit system that connects the San Francisco Peninsula with communities in the East Bay and South Bay. When asked about the big payout on Thursday, the transit agency’s spokesperson told KRON4, “BART has no comment.”

On October 14, 2021, BART issued a “COVID-19 Vaccination Policy” requiring all employees to be fully vaccinated as a condition of employment, attorneys said. Employees who asked for exemptions because of “sincerely held religious beliefs” were fired, attorneys wrote in the lawsuit.

“Of the 179 religious objector employees, not one received an accommodation. Exclusion of religious people from the enjoyment of a right stands in violation of the First Amendment’s religion clauses and federal and state anti-discrimination in employment laws. 109 employees’ requests for religious exemption were denied,” attorneys wrote.

Unvaccinated workers said their religious beliefs prevented them from receiving COVID vaccines without violating their faiths.

The lawsuit was filed by the Pacific Justice Institute. The legal nonprofit group described the jury’s verdict as a “legal earthquake” for justice.

Brad Dacus, president of PJI, said, “These verdicts are seismic — a 7.8 San Francisco legal earthquake. This amazing outcome represents so much hard work by our team, perseverance by these clients, and fairness from our judicial system.”

The $7.8 million payout was calculated from lost wages, plus $1 million, for each fired employee.

The jury determined that BART officials failed to prove an undue hardship. On Wednesday, jurors concluded that the six employees had met their burden of showing a genuine conflict between their faith and the vaccine mandate.

Kevin Snider, who served as lead trial attorney, commented, “The rail employees chose to lose their livelihood rather than deny their faith. That in itself shows the sincerity and depth of their convictions. After nearly three years of struggle, these essential workers feel they were heard and understood by the jury and are overjoyed and relieved by the verdict.”

Nationwide, PJI represent hundreds of workers who lost their jobs after they were denied religious accommodations for COVID-19 vaccines.
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