A state Supreme Court judge has ordered New York City to reinstate city workers fired under its vaccine mMandate, and pay them back pay – but the workers remain fired while the city government appeals the ruling.
Court orders reinstatement of unvaccinated workers in New York | Human Resources Director - Dexter Tilo:
October 26, 2022 - "The Supreme Court of the State of New York has ordered the reinstatement of sanitation workers who were terminated by the government for failing to comply with the city's vaccine mandate. In its decision, the court said that the commissioner of health's vaccine order is 'arbitrary and capricious,' stressing that the commissioner does not have the power and authority to permanently exclude the petitioners form their workplace.
"'It is clear that the Health Commissioner has the authority to issue public health mandates. No one is refusing that authority,' the decision read. 'However, the Health Commissioner cannot create a new condition of employment for City employees. The Health Commissioner cannot prohibit an employee from reporting to work. The Health Commissioner cannot terminate employees.'
"The court also cited the declaration of President Joe Biden that the pandemic is over, as is the COVID-19 state of emergency in New York. It also took into account how Mayor Eric Adams lifted the vaccine mandate for some athletes and entertainers as an exemption. 'The city employees and private sector employees were treated entirely differently from athletes, artists, and performers,' read the decision. 'Granting exemptions for certain classes and selectively lifting of vaccination orders, while maintaining others, is simply the definition of disparate treatment.' 'The vaccination mandate for city employees was not just about safety and public health; it was about compliance,' the court added. 'If it was about safety and public health, no one would be exempt. It is time for the City of New York to do what is right and what is just.'
"In addition to reinstating the terminated sanitation workers, the court also ruled that they’re entitled to back pay in salary from the date of their termination. Meanwhile, a spokesperson from the city's Law Department told the media that they 'strongly' disagreed with the ruling....
"New York City first implemented a vaccine mandate in October 2021 for public sector workers, before expanding it to private businesses in December. In September this year, the city government announced it is lifting its vaccine requirement for private businesses starting November 1. Its vaccine mandate for public sector workers, however, will remain in place."
Read more: https://www.hcamag.com/ca/specialization/employment-law/court-orders-reinstatement-of-unvaccinated-workers-in-new-york/425308
Fired NY firefighter upset by NYC appeal halting unvaccinated workers' reinstatement | Washington Examiner - Heather Hamilton:
October 26, 2022 - "A fired Staten Island firefighter’s joy quickly changed after he learned that a New York City appeal would halt a state Supreme Court ruling ordering workers fired over not receiving the COVID-19 vaccine to be reinstated. Timothy Rivicci ... told Fox & Friends Wednesday that he was thrilled to think about returning to work. 'I thought it was great,' Rivicci said. “I was excited to be back, been out of work for just about a year now. We’ve been struggling. We haven’t been getting paid, obviously. It’s difficult paying the mortgage, our bills. Just terrible what the city is putting us through.'
"On Tuesday, New York City appealed the state ruling that found the ... mandate ... 'violated the petitioners' equal protection rights as the mandate is arbitrary and capricious.' 'The city strongly disagrees with this ruling as the mandate is firmly grounded in law and is critical to New Yorkers’ public health. We have already filed an appeal. In the meantime, the mandate remains in place as this ruling pertains solely to the individual petitioners in this case" ... said the New York City Law Department, according to WABC....
"Rivicci’s lawyer Christina Martinez said ... 'These mandates are destroying lives. People need to understand that when they read headlines that everyone is being reinstated, that’s not how it is playing out for these city workers,' Martinez said. 'These are the people that laid their lives on the line while we were all sheltering in place. They got up, put their uniforms on, and put their lives on the line for the people of New York City, and now their lives are destroyed — no means of providing for their family, no health insurance, they are ineligible for unemployment.... Mayor Adams needs to lift this mandate, get these heroes back to work, and end these discriminatory policies.'"
Read more: https://www.washingtonexaminer.com/news/fired-ny-firefighter-upset-nyc-appeal-halting-reinstatement
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