A New York judge ruled Monday that a group of sanitation workers who were fired for refusing to get a COVID-19 vaccine should get their jobs back in addition to back pay from the day they were let go, The Washington Post is reporting.
The employees refused to comply with New York City’s vaccine mandate.
According to the ruling, the city’s mandate for a COVID-19 vaccine as a requirement to work was “arbitrary and capricious.” City employees were required to show proof they had at least one COVID-19 vaccine by November 2021.
Judge Ralph Porzio wrote in the ruling, “There is nothing in the record to support the rationality of keeping a vaccination mandate for public employees, while vacating the mandate for private sector employees or creating a carveout for certain professions, like athletes, artists and performers.
“This is clearly an arbitrary and capricious action because we are dealing with identical unvaccinated people being treated differently by the same administrative agency.”
The mandate ended in March.
Chad LaVeglia, an attorney for the plaintiffs, told CNN the ruling is “a remarkable victory for all the hardworking men and women who have dedicated their lives to serving the public. It is also a great victory for individual rights and equality for all New Yorkers.”
The city has filed notice that it will appeal the ruling.
A spokesman for the New York City Law Department said in a statement the city “strongly disagrees with this ruling as the mandate is firmly grounded in law and is critical to New Yorkers’ public health.”
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