New York City was ordered by a court Tuesday to reinstate all public employees fired last year for their COVID vaccination status and receive back pay.
New York State Supreme Court Justice Ralph J. Porzio cited President Biden declaring the pandemic being over and the state ending its “state of emergency” over a month ago in his order.
The lawsuit was filed against the City of New York, the New York City Department of Health and Mental Hygiene, the New York Department of Sanitation, Commissioner of the Department of Health and Mental Hygiene David Chokshi, and New York City Mayor Eric Adams (D).
SEE THE FULL ORDER BELOW:
The ruling stated “the Heath Commissioner cannot terminate employees” and the Adams’ executive order in March exempting professional athletes and others rendered “all of these vaccine mandates arbitrary and capricous.”
Roughly 1,400 employees were terminated earlier this year for the vaccine mandate issued under former Mayor Bill de Blasio.
🚨🚨🚨🚨🚨— Marina Medvin 🇺🇸 (@MarinaMedvin) October 25, 2022
NY State Supreme Court reinstates all fired unvaccinated employees, orders backpay, says the state violated rights, acted arbitrary & capricious, notes:“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”https://t.co/nvOsWfa56S pic.twitter.com/WhH4wje2bQ
“Though vaccination should be encouraged, public employees should not have been terminated for their noncompliance,” the court stated.
“Being vaccinated does not prevent an individual from contracting or trasmitting Covid-19. As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated indviduals. The Petitioners should not have been terminated for choosing not to protect themselves. we have learned through the course of the pandemic that the vaccine agaisnt Covid-19 is not absolute. Breakthrough cases occur, even for those who have been vaccinated and boosted,” the court added.