Six former Bay Area Rapid Transit employees who lost their jobs after not getting vaccinated against the coronavirus for religious reasons have each been sentenced to 50% of their jobs, according to court documents related to a lawsuit brought by California workers. It was revealed that more than $1 million in compensation was paid.
A federal jury awarded six former BART employees between $1.1 million and more than $1.5 million each, according to court records.
The sentence was handed down Wednesday in the U.S. District Court for the Northern District of California.
The Pacific Justice Institute law firm, which is representing the plaintiffs, said in a statement Thursday that BART “encourages an unreasonable hardship in denying accommodations to employees” who requested accommodations based on religious beliefs. He stated that he could not prove that.
Kevin Snyder, the lead attorney, said the workers did not compromise their religious beliefs for the sake of their jobs.
“Railway workers chose to lose their livelihoods rather than deny their faith, which in itself shows the sincerity and depth of their beliefs,” he said in a statement.
One of the plaintiffs has worked for BART for more than 30 years, including 10 years with perfect attendance awards, attorneys said.
A BART representative declined to comment Friday afternoon.
According to a class action lawsuit filed in October 2022, BART granted religious exemptions for vaccines to some people, but denied accommodations in all cases. The complaint says the failure to provide accommodations violated California’s Fair Employment and Housing Act.
Accommodations may include changing job duties, providing medical leave, changing work schedules, or relocating work areas.
According to the complaint, on October 14, 2021, BART announced a policy requiring all employees to be fully vaccinated against the coronavirus as a condition of employment.
Between then and February 2022, approximately 179 employees filed requests for religious exemptions, and 70 were approved, according to the lawsuit. But of the 70 people who received exemptions, none were given accommodations, according to the lawsuit.
However, one in three BART employees seeking medical exemptions were granted accommodations, according to the complaint.
Employees at the lodging establishments who sought religious exemptions and ultimately refused vaccinations were either fired, forced to resign, or had to resign, according to the suit.
Donna Mendel also contributed.
